Commercial HC rejects Asian Adventures’ application for interim injunction
Tuesday, 31 March 2015 01:55
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Commercial High Court Judge Amenthra Seneviratne rejected the application for an Interim Injunction sought by the Plaintiff Asian Adventures to restrain Sanjaya Prabash Dhanaggamaarachchi and Raffels Consolidated Ltd. from inter-alia canvassing and/or obtaining any business from and/or handling any tours for and communicating with, approaching and/or dealing with the principles and customers of Asian Adventures name.
The said order rejecting the Interim Injunction was consequent to an enjoining order being issued by the Commercial High Court on 27 January.
Asian Adventures stated in the Plaint that the 35 tour agents referred to in the Plaint were clients of Asian Adventures and Sanjaya Prabash Dhanaggamaarachchi the 1st Defendant who was a former employee was canvassing and attempting to do the business with the said clients of Asian Adventures whilst working with his new company Raffels Consolidated Ltd.
The Defendants in their objections stated that the Plaintiff had suppressed and misrepresented material facts to Court and in any event had not established that the said customers referred to in the Plaint were the clients of the Plaintiff and furthermore the Defendant took up the position that the said enjoining order and interim injunction prayed for tantamount to restraint of trade and/or vocation.
The said order rejecting the application for the interim injunction was pronounced in Court on 26 March.
Farman Cassim with Charka Jayaratne and Damithri Welikala Instructed by Sanjay Fonseka appeared for the Defendants.
Faiszer Musthapha PC with Mohamed Adamaly and Mehran Careem instructed by Ishara Goonawardane appeared for the Plaintiff.
