Case filed by Capital Maharaja against Keangam Lanka taken up

Case filed by Capital Maharaja against Keangam Lanka taken up

Case filed by Capital Maharaja against Keangam Lanka taken up

Written by Bella Dalima

23 Jan, 2014 | 7:45 pm

The case filed by the Capital Maharaja Organisation Limited against Keangnam Lanka Private Limited based in Sri Lanka and Keangnam Enterprises Limited established in South Korea, was heard in the District Court of Colombo once again on Thursday.

Court on Thursday granted Keangnam Lanka Private Limited  and Keangnam Enterprises Limited  time until March 26, 2014 to file the answer and objections in relation to the case.

The Capital Maharaja Organisation Limited filed the case seeking damages for a sum of US Dollars Forty Million caused to the plaintiff, Capital Maharaja Organisation Limited, due to a breach of contract and also for an order preventing the Keangnam Lanka (Pvt.) Ltd from selling, transferring, assigning the land and premises at central Colombo which belongs to the plaintiff company.

Keangnam Lanka Private Limited and Keangnam Enterprises, reached an agreement with the Capital Maharaja Organisation in 2006, to construct the luxury apartment complex, “Dawson Grand” at Dawson Street in Colombo 2.

In keeping with this contract, construction was to be completed within five years.

The Capital Maharaja Organisation Limited notes that both Keangnam Lanka Private Limited and Keangnam Enterprises, had failed to complete construction within the agreed time frame.

Legal action was thus instituted against Keangnam Lanka Private Limited and Keangnam Enterprises in September 2013 by the Capital Maharaja Organisation Limited over the violation of a contract pertaining to the construction of the apartment complex in Colombo.

The case was first taken up on September 6, 2013 at the Colombo District Court where notice of an interim injunction was issued to Keangnam Lanka Private Limited and Kaengnam Enterprises Limited.

When the case was taken up  on September 20, 2013, counsel appearing on behalf of the defendant moved for a date to file answer and objections and also tendered a motion objecting to the jurisdiction of the court. President’s Counsel S.A. Parathalingam who appeared for the Capital Maharaja Organisation objected to the said motion and stated that the procedure was wrong.

Following the objection made, the counsel who appeared for the defendants did not pursue with the motion.

Court directed Keangnam Lanka Private Limited and Keangnam Enterprises Limited, the defendants in this case to file their objections and answer on October 29, 2013.

Thereby, when the case was taken up in the district court of Colombo on October 29, the counsel appearing on behalf of the defendants moved for a further date to file  answer and objections.

Court granted time until January 23, 2014.

When the case was taken up for consideration on Thursday, Keangnam Lanka Counsel again moved for a further long date to file answer and objections.

President’ Counsel S.A. Parathalingam  who appeared for the Capital Maharaja informed court that today is the third day for answer and objections and therefore made an application to court to grant a final date to file answer and objections.

Having heard the submissions made by the counsel of  both parties, court granted time finally till March 26, 2014  to file the answer and objections.

President’s Counsel S.A. Parathalingam and Attorney-at-Law Niskan Parathalingam  and Attorney-at-Law Niranjan Arulpragasam appeared for the plaintiff, the Capital Maharaja Organisation Limited, on the instructions of Attorney-at-Law G.G. Arulpragasam.

N. Sivendran, Attorney-at-Law, instructed by M/s. Neelakandan & Neelakandan Attorneys-at-Law appeared for the defendants Keangnam Lanka (Pvt.) Limited and  Keangnam Enterprises Limited.

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