Appeal
Court refuses interim relief to Janashakthi
The Court of Appeal has turned down a request from Janashakthi Ltd
for interim relief in a case involving the purchase of shares in
the company by the National Development Bank (NDB).
Janashakthi
had earlier filed action in the Appeal Court seeking to appeal against
a District Court verdict refusing Janashakthi Ltd the right to restrain
NDB Ltd from preventing Janashakthi from purchasing further shares
in the bank.
Janashakthi
Ltd who neglected the notice served on them by the Secretary of
the National Development Bank, requiring compliance with the laws
and rules regulating the composition of the Bank’s shareholding,
and purchased shares in excess of the limits prescribed by law,
continue to be restrained by the District Court of Colombo, from
interfering with and obstructing the process implemented by the
National Development Bank to ensure that its shares are held subject
to the maximum limits specified for licensed commercial banks.
Janashakthi maintains that they hold shares of NDB independently
and not in concert with certain other companies within the Janashakthi
Group also holding shares in the NDB, and that therefore they do
not hold shares in excess of the limitations imposed by law on shareholders
of the bank and should be allowed to purchase further shares in
the bank.
The
case was put off for December 2. President’s Counsel K. Kanag-Isvaran,
with Attorneys Avindra Rodrigo and Sudesh Peter, instructed by M/s
F. J. & G. de Saram appeared for National Development Bank Limited.
President’s
Counsel Romesh de Silva, with Attorneys Nagalingam R. Sivendran
and Eraj de Silva, instructed by M/s Murugesu & Neelakandan
appeared for Janashakthi Limited.
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