Indictments served on ex-Director/Shareholder of EuroKitchens quashed by Appeal Court

Monday, 24 February 2025 04:41 - - {{hitsCtrl.values.hits}}

The Court of Appeal last week quashed the indictments served on the former Director/Shareholder of EuroKitchens Trading and Contracting Ltd.

This was when the Writ Application, filed by former Director/Shareholder of EuroKitchens Trading and Contracting Mohomad Ansar Mohomad Shamrin against the Attorney General based on purported illegal indictments served on the Petitioner, was taken up before Court of Appeal Justice K.M.S. Dissanayake and Court of Appeal Acting President Justice Mohommed Thahir Laffar.

The Petitioner stated that he was served with four indictments alleging that he had misappropriated a sum of Rs. 58 million of EuroKitchens Trading and Contracting, based on a complaint made by a Director/Shareholder of a company named Promo Lanka Marketing Ltd., and the Petitioner’s business partner, Azad Mansoor.

The Petitioner took up the position that the monies were not misappropriated and that it was in fact monies due to him on a business transaction.

The Petitioner stated that due to continuous disputes that arose between the Petitioner and the said Azad Mansoor regarding the management of EuroKitchens Trading and Contracting and several other companies, the Petitioner sold his shares in all the companies to Azad Mansoor.

The Petitioner stated that the Share Transfer Agreement was signed on 1 August 2017, under which the Petitioner sold his shares in EuroKitchens Trading and Contracting and the several other companies for Rs. 120 million. The Petitioner stated that the said Azad Mansoor paid Rs. 20 million upfront in cash, but failed to pay the remaining Rs. 100 million up to date despite all the conditions stipulated under the Agreement being fulfilled.

The Petitioner sent a letter to the said Azad Mansoor requesting the Rs. 100 million due to the Petitioner to be paid, and Azad Mansoor sent a letter in response stating that he is unable to pay the Rs. 100 million due to the Petitioner, as the Petitioner had misrepresented facts and swindled money from the company, EuroKitchens Trading and Contracting.

Farman Cassim, PC appearing on behalf of the Petitioner, submitted to Court that the indictments are flawed and does not give the Petitioner sufficient notice and is in violation of section 165 (1) and section 165 (3) of the Code of Criminal Procedure.

Accordingly, Justice Dissanayake and Justice Mohommed Laffar held that the indictments are legally flawed and quashed the same.

Farman Cassim, PC, with Attorney-at-Law Jessica Abeyratne, instructed by Attorney-at-Law Sanjeewa Kaluarachchi, appeared for the Petitioner, whilst Additional Solicitor General Dilan Rathnayake, PC appeared for the Attorney General.

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