Written by Bella Dalima
11 Dec, 2013 | 9:02 pm
The case filed by MP Mangala Samaraweera against the Chairman of The Capital Maharaja Organisation Limited, in the Matara Magistrate’s Court, was dismissed on Wednesday.
The case was taken up before Matara Additional Magistrate Manjula Karunaratne on Wednesday.
On November 25, the Matara Additional Magistrate ordered that the Chairman of The Capital Maharaja Organisation Limited, be present in court today after considering a personal complaint lodged by MP Mangala Samaraweera citing Section 81 of the Code of Criminal Procedures, Act Number 15 of 1979.
Subsequently, a motion was filed in court on behalf of the Chairman of The Capital Maharaja Organisation Limited.
After considering the motion on December 5, Matara Additional Magistrate Manjula Karunaratne noted that the presence of the Chairman of The Capital Maharaja Organisation in court today was not required and that representation by legal counsel would be sufficient.
When the case was taken up today, President’s Counsel Reinzie Arsecularatne appearing on behalf of the Chairman of The Capital Maharaja Organisation Limited, pointed out that The Capital Maharaja Organisation is a legal entity. The President’s Counsel argued that given the vicarious power in this case, the Chairman as an individual could not be charged.
The President’s Counsel also submitted to court a certified copy of Form 20 from the Office of the Registrar of Companies, listing the Board of Directors of The Capital Maharaja Organisation Limited as proof.
The Additional Magistrate also granted permission for Attorney-at-Law Maithri Gunaratne to make submissions as an aggrieved party in this case.
President’s Counsel Rienzie Arsecularatne with Attorneys at Law G.G. Arulpragasam, U.R. de Silva, Nalinda-lndratissa, Wasantha Batagoda, Susara Dinal de Silva, Vishwa de Livera Tennakoon, Neranjan Arulpragasam and Nadee Sarathchandra appeared for the respondent on the instruction of Attorney-at-Law Ramyachandra Gunasekera.
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