Osni Lanka granted relief

by Sarath MALALASEKERA

Western Province High Court Judge E.A.G.R. Amarasekera has granted relief to the plaintiff company, Osni Lanka (Pvt) Limited to recover US $ 585,151 with interest thereon at 12 percent per annum from December 31, 2002 till payment in full is settled in Sri Lankan rupees at the exchange rate prevalent at the point of payment.

The Court also granted the cost of the case and added that the action need not be dismissed.

The plaintiff, Osni Lanka Company (Pvt) Limited cited Rystar Communication Limited, Canada, Chalmway Proprietary Limited, Australia, Ruhunu 2001 Multivision (Pvt) Limited, Colombo 5 and The Registrar of Companies, Colombo 10 as the defendants.

The Judge in his lengthy judgement said "although many issues had been raised by the defendants, they had not led any evidence or made any legal submissions in support of these issues but absconded and gave up the opportunity to prove their case. Therefore, I hold that the plaintiff is entitled to the relief 'e' and 'm' as prayed for in the prayer against the defendant".

The Judgement also stated that this action has been filed by the plaintiff to get his rights which it claims under the agreement titled 'Convertible Secured Promissory Notes' and the collateral security instruments titled 'Security Pledge Agreements'.

After the filing of answers by the defendants on March 20, 2007 the parties had settled their admissions and issues. Plaintiff led the evidence of one of its directors, Nirange Indrajith Hettiarachchi.

On November 25, 2008, plaintiff closed its case leading in evidence the documents marked as P1 to P56. As no objection was raised at the closure of plaintiff's case, these documents can be treated as evidence for the all purposes of this case.

On that date the Counsel for the first defendant said that he had no instructions from his client. Though the date has been given to call the witnesses of the other defendants, they too defaulted in appearing and proceeding with the case. Therefore, this Court decided to deliver judgement on the evidence already led before my predecessor, the judgement said.

President's Counsel Romesh de Silva with Attorneys Nihal Jayawardena, Uditha Egalahewa and Lasantha Hettiarachchi instructed by Mahinda Wickremeratne appeared for Osni Lanka Private Limited.

Avindra Rodrigo and Manoj Bandara instructed by F.J. & G. de Saram appeared for Chalmway and Multivision.

Attorney Buddhika Illangathilake instructed by B.W. Kularatne Associates appeared for Rystar.