Case filed by The Capital Maharaja Organisation against Keangnam – Court fixes date for trial

Case filed by The Capital Maharaja Organisation against Keangnam – Court fixes date for trial

Case filed by The Capital Maharaja Organisation against Keangnam – Court fixes date for trial

Written by Bella Dalima

27 Mar, 2014 | 8:16 pm

The Colombo District Court fixed the trial date for the case filed by The Capital Maharaja Organisation Limited against Keangnam Lanka (Pvt.) Ltd. and  Keangnam Enterprises Limited, to July 23, 2014.

The Capital Maharaja Organisation Limited instituted an action in the District Court in Colombo against Keangnam Lanka (Pvt.) Ltd. and  Keangnam Enterprises Ltd. seeking damages for a sum of forty million USD caused to the Plaintiff, The 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 belonged to the Plaintiff Company.

When the above case came up on September 6, 2013 before Pradeep Hettiarachchi , the District Judge of Colombo, S.A. Parathalingam PC representing the Plaintiff, making submissions stated that the Plaintiff Company entered into an agreement with the two Defendants, Keangnam Lanka (Pvt.) Ltd & Keangnam Enterprises Ltd. to construct a Luxury Apartment Complex called as “Dawson Grand” on the land belonged to the Plaintiff Company.

The agreement was entered into in year 2006 and the construction of the “Dawson Grand” was to be completed within a period of five years thereafter.

The defendants in breach of the said agreement did not fulfill or comply the conditions laid down in the said agreement and caused loss and damages to the plaintiff due to the defendants’ violation of the said agreement.

President’s Counsel Parathalingam also brought to the notice of Court that as far back from September 17, 2012, the defendants have sent letters to the plaintiff stating that they have no funds to proceed with the project. He further brought to the attention of court, the photographs annexed to the plaint to prove that the Dawson Grand Project has now been totally abandoned.

Having heard the submission made by President’s Counsel S.A. Parathalingam, and having read the petition, affidavit and annexures thereto, Court being satisfied a Prima Facie case has been established, issued Notice of Interim Injunction to the first Defendant Keangnam Lanka (Pvt.) Ltd. and also issued summons on both defendants returnable on September 20, 2013.

On September  20, 2013, the Counsel appearing on behalf of the defendants moved for a date to file answer and objections and also tendered a motion objecting to the jurisdictions of this Court in view of an arbitration clause contained in the agreement between the plaintiff and the defendants

President’s Counsel S.A. Parathalingam who appeared for The Capital Maharaja objected to the said motion and stated that the procedure was wrong.

Thereafter, the Counsel who appeared for the defendants did not pursue with the motion.

Court directed the Keangnam Lanka (Pvt.) Ltd and Keangnam Enterprises Ltd. who are the defendants in this case, to file their objections and answer on October 29, 2013.

When the above case came up on October  29, 2013, Keangnam Lanka Counsel moved for a further long date to file answer and objections. Court granted time till January 23,  2014 to file same.

When the above case came up on January 23,  2014, Counsel for Keangnam Lanka again moved for a further long date to file answer and objections.

President’s Counsel S.A. Parathalingam who appeared for The Capital Maharaja informed Court that  January 23, 2014 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 for both parties,  Court granted time finally till yesterday to file the answer and objections of Keangnam Lanka (Pvt.) Ltd. and Keangnam Enterprises Ltd.

When the above case came up on March 26,  2014 before the District Judge Colombo Mrs. Sujatha Alahapperuma, Counsel for Keangnam Lanka (Pvt.) Ltd and  Keangnam Enterprises Ltd tendered the answer and objections to Court.

Court accepted same and fixed the case for trial on July  23, 2014.

S.A. Parathalingam PC with Nishkan Parathalingam Attorney-at-Law instructed by.G.G. Arulpragasam Attorney-at-Law appeared for the Plaintiff The Capital Maharaja Organisation Limited, while Attorney-at-Law N. Sivendran instructed by Neelakandan and Neelakandan Attorneys-at-Law appeared before the defendants, Keangnam Lanka (Pvt.) Ltd & Keangnam Enterprises Ltd.

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