Category: New CHC Judgements
-
Anilana Hotels failure to settle construction payment
Background of the Case The dispute arises from a contractual agreement between the Plaintiff and Defendant, entered in 2012, regarding the construction of chalets on a beachfront property. The Plaintiff, as the contractor, carried out construction based on certified Interim Payment Certificates (IPCs) issued by Mano Ponniah Associates Pvt. Ltd., the project’s appointed chartered architects…
-
Petition for Winding-up of Expo Brand Packs (Pvt) Ltd
Case Overview The Commercial High Court of the Western Province, Colombo, issued a significant order in Case No. CHC 70/2016/CO regarding the winding-up proceedings of Expo Brand Packs (Pvt) Ltd., under Part XII of the Companies Act, No. 07 of 2007. This case illustrates essential aspects of corporate insolvency law, the role of liquidators, and…
-
Corporate Veil and Unjust Enrichment
1. Case Overview This case was heard in the High Court of the Western Province under the Commercial jurisdiction. The plaintiff, Pussalla Meat Producers (Pvt) Ltd, sought relief against the defendant, Wewalage Nirmala Priyanthi Fernando, for an amount of Rs. 166,844,161.46 and an injunction to prevent her from alienating or encumbering specific property alleged to have been…
-
Dispute over Telecasting rights of Sinhala films, “Nohadan Amme” and “Thakkita Tharikita”
Case Title: Tissa Nagodawithana Films (Pvt) Ltd. v. Hemapriya Kandamby & Independent Television Network Ltd. Case Number: CHC/25/2014/IP Court: High Court of the Western Province, Colombo (Civil/Commercial Jurisdiction) Judgment Date: October 8, 2024 Introduction This case concerns a dispute over the telecasting rights for two Sinhala films, “Nohadan Amme” (referred to as “Samawenna Ma Raththarane” in…
-
Confidentiality and Proprietary Information
Case Overview Summary of the Case The Plaintiff, A.M. Thusith Nirmala Abeykoon, alleged that the Defendants engaged in unfair competition by misappropriating confidential information related to a Power Strip with Lightning Surge and Over Voltage Protection device invented by the Plaintiff. The Plaintiff sought a range of reliefs, including injunctive orders, financial compensation, and declarations…
-
“eZ Cash” Non-infringement and validity of Patent
Analysis of Case: Dialog Axiata PLC vs. Orleander International Limited 1. Introduction This case involves a dispute over the validity and alleged infringement of Patent No. 14841, concerning a mobile money transfer system. Dialog Axiata PLC (“Plaintiff”), Sri Lanka’s largest mobile network operator, initiated the action seeking declarations of non-infringement and invalidity of the patent held…
-
Maritime Contracts and Ship Arrests
The judgment of the Commercial High Court of the Western Province in the case between Fleet Management India Pvt Ltd (Plaintiff) and Hindage Oilfield (Defendants) offers significant insights into the adjudication of disputes under Admiralty Law. Below is an analytical review of the judgment, highlighting the legal principles, the court’s reasoning, and its implications. Case No: CHC. 06/2020/Rem 1. Ownership…
