Ali Asger Shabbir’s lawyers clarify report on inter parte interim orders

With reference to the article titled ‘Interim orders awarded inter parte against Ali Asger Shabbir’ published in the Daily FT of 5 January 2018, the lawyers of Dr. Ali Asger Shabbir Gulamhusein, led by G.G. Arulpragasam, have sent the following statement. 

I am instructed to inform you that the title of the said article is false and misleading, as interim orders referred to in the said article have been issued ex parte. For your easy reference a copy of the relevant journal entry dated 19 October 2017 of the Commercial High Court Case referred to in the said article is attached hereto.

I am instructed that the said article inter alia contains the following false and misleading statements.

1.In the first paragraph of the said article it has been stated as follows: “Thereafter the youngest son of the businessman, Ali Asger Shabbir, alleged that the deceased has written a Last Will gifting the entirety of his estate solely to him”.

I am instructed to inform you that in the said Last Will, not only my client, but his elder brother, Gulamhusein Idris Shabbir too has been named as a beneficiary and it was the said Gulamhusein Idris Shabbir, as the Executor appointed in the said Last Will who has instituted testamentary proceedings bearing Case No. DTS 160/2017 in the District Court of Colombo by filing a Petition dated 19 June 2017 to have the Last Will of the deceased proved and Probate of the said Last Will granted to him. For your easy reference a copy of the said Petition is attached hereto.

2.In the first paragraph of the said article it has been stated as follows: “Subsequent to the testamentary proceedings, it has come to light that the Last Will is a forgery.”

I am instructed to inform you that the said testamentary proceedings are still pending before the District Court of Colombo and since 20th June 2017 the said Gulamhusein Idris Shabbir has been administrating the estate of the deceased pending the grant of the Probate of the said Last Will to him.

3.In the second paragraph of the said article it has been stated as follows: “Criminal investigations by the Fraud Bureau has revealed that two of the ‘witnesses’ of the purported Last Will have confirmed that they never signed such a Last Will nor did they even know the deceased businessman.” 

I am instructed to inform you that there is no iota of evidence regarding such an investigation by the Fraud Bureau produced in the Commercial High Court Case referred to in the said article and in any event the said Last Will is not a matter in dispute in the said Case.

4.In the third paragraph of the said article it has been stated as follows: “Ali Asger Shabbir also claimed that the deceased that sold to him 99.99% shares of a Company Adamexpo Ltd. prior to his death.” 

I am instructed to inform you that my client has never claimed that his father sold 99.99% shares of Adamexpo Ltd. to him and his contention in the Commercial High Court case referred to in the said article has been that his father transferred the said shares to him.

5.Entire seventh paragraph of the said article, which reads as follows: “It is reported that in his unsuccessful attempt to have the interim orders vacated, Ali Asger Shabbir has filed in Court further false documents and affidavits from one Thilini Dilusha Gamage, who falsely claimed to be the secretary of the company, in support of the share transfer. The plan backfired when the family members filed the passport of the deceased businessman in court showing that he was not in the country on the day of the alleged transfer, and official receipts issued by the Registrar of Companies showing that the purported secretary Thilini Dilusha Gamage was not in fact the secretary.”

I am instructed to inform you that my client has not filed any false documents or affidavits in the Commercial High Court Case referred to in the said article and the public records kept by the Registrar General of Companies of the documents filed by Adamexpo Limited clearly establish that Thilini Dilusha Gamage served as the Company Secretary of Adamexpo Limited from 16 March 2016 to 2 January 2017 during which period my client’s father transferred his shareholding in Adamexpo Limited to my client. For your easy reference copies of the certified copies of Form 20 dated 16 March 2016 and Form 20 dated 6 January 2017 issued by the Registrar General of Companies are attached hereto.

I am instructed that the said article does not give a fair and substantially correct account of what occurred in the Commercial High Court Case referred to therein and therefore it is not a privileged publication.