District Court refuses Nonis’s application for Enjoining Orders against Agalawatta Plantations

On 7 February, Dr. Chrishantha Nonis, the former Sri Lankan High Commissioner to the United Kingdom, and one Lalith Fonseka sought to obtain Enjoining Orders against Agalawatta Plantations PLC, its Board of Directors and Mackply Industries Ltd., a subsidiary of Agalawatte on the basis that Dr. Nonis and Fonseka have been unlawfully removed as Director and Chairman of Mackply Industries Ltd. at a recent EGM held at the company on 19 January.

The Plaintiffs were represented in Court by Senior Counsel Chandaka Jayasundara who appeared with Lakshman Jayakumar and Pulasthi Rupasinghe, Attorneys-at-Law, on the instructions of Sanjay Fonseka. 

In a surprising turn of events, when the matter was to be supported for the Plaintiff’s exparte, a few Directors of Agalawatta Plantations PLC and Agalawatte PLC appearing through their legal team, Nishan Premathiratne who appeared with Pravi Karunaratne, Nadun Wijayasiriwardene and Yasith Hirimburegama instructed by Sanath Wijewardane, sought to object to the granting of the Enjoining Orders in favour of Nonis and Fonseka.

The Honorable District Judge of Colombo Sujeewa Nishshanka having heard the submissions refused to grant enjoining orders sought by Dr. Nonis and Fonseka in their Plaint, which was sought primarily to restrain the restrain the Directors of Agalawatte Plantations from conducting themselves as Directors of Macphyl Industries. 

The Judge proceeded to only issue Notices of Interim Injunction and Summons on the Defendants, where the matter was re-fixed for 21 February.

This case is in the backdrop of an ongoing legal battle between Agalawatta Plantations and the Mackwoods Group of Companies owned primarily by the Nonis family. The litigation between Agalawatte and Mackwoods came to light with the recent majority share sale of 60.8% of shares in Agalawatta Plantations PLC by Mackwoods to the Browns Group for a sum of Rs. 304 million.