ENJOINING ORDER EXTENDED TO 08TH JAN

Case between MTV Channel PVT LTD and George Steuart Health PVT LTD taken up

by Staff Writer 30-12-2020 | 6:34 PM

Colombo (News 1st); The case filed at the Colombo District Court by George Steuart Health (Private) Limited against MTV Channel (Private) Limited was taken up today, before Additional District judge Honourable Lakmali De Silva.

Appearing on behalf of MTV Channel (Private) Limited, President’s Counsel Uditha Egalahewa objected to the extension of the Enjoining order and reiterated the objections that were recorded before Court.

Counsel for the Plaintiff George Steuart Health (Private) Limited, submitted to the Court that since the matter is already fixed for 8th January 2021 for interim injunction inquiry, that the enjoining order be extended.

After hearing the submissions of both Counsels, the Additional District Judge, extended the enjoining order only upto 8th January 2021, subjected to the objections of the Defendant’s Counsel.

On the previous occasion when this matter was taken up, MTV Channel (Private) Limited, through its Registered Attorney Mr. G G Arulpragasam, filed objections seeking to dismiss the Plaintiff’s action as well as the application for interim injunction with 500% costs.

In addition, MTV Channel (Private) Limited filed its Answer, making a counter-claim for Rupees 20 billion from George Steuart Health (Private) Limited as damages – on the basis that the said George Steuart Health (Private) Limited had obtained an ex parte enjoining order suppressing material facts, misleading court, with malicious intentions and had abused/ misused the judicial process.

MTV Channel Private Limited also stated in its answer that George Steuart Health Private (Limited) had, through its frivolous, baseless, and malicious action, caused a serious loss, mischief, damage, and harm to MTV’s goodwill and reputation – adding that MTV is held in high esteem as a trusted media organisation locally and internationally, and has won a plethora of accolades for its fearless reporting and investigative journalism for the benefit of the people.

MTV in its Answer also stated that the Director of the Plaintiff company Haputhanthrige Erandajith Ranasinghe who affirmed to an affidavit, had wilfully, deliberately concocted claims, and with the intention to mislead court - affirmed to a false Affidavit relating to the five purported causes of action with the clear intention of evasion of the truth.

Accordingly, MTV reserved its right to file contempt of court papers and also reserved the right to charge the said Director of the Plaintiff Company under the provisions of the Penal Code.

Mr. Uditha Egalahewa President's Counsel, Mr. Jeevantha Jayathilake, Mr. Niranjan Arulpragasam, Mr. Damitha Karunaratne, Mr. N K Ashokbharan, Mr. Miyuru Egalahewa, and several other counsels’ appeared for the MTV Channel Private Limited, instructed by Mr. G G Arulpragasam, Attorney al Law.

Mr. Ruwantha Cooray appeared for George Steuart Health Private Limited, instructed by Mr. Sanath Wijewardena Attorney al Law.