Interim orders restrain M.Be.S Group Director

On or around 14 September M.Be.S. Group Ltd. Dambulla Chairman instituted action against a Director of M.B.E.S. Group Ltd. Sooriyadasa Mudiyanselage Lanka Manike Sooriyadasa under the Companies Act No. 7 of 2007 seeking a restraining order under Section 233.

M.Be.S. Group is one of the largest wholesalers and retailers of food products and other grocery products distributing to all parts of Sri Lanka using its hub in Dambulla as its principal place of business.

Company Chairman Gamini Pathmasiri Kumarasinghe Hettiarachchi informed Court that Sooriyadasa Mudiyanselage Lanka Manike Sooriyadasa who is a Director of the company had been continuously allowing her husband one W.M.S. Banda who is an Assistant Superintendent of Police to interfere with the management of the company and arbitrarily withdraw profits from the Company in an intimidating and threatening manner using his standing in society.

In view of such, the Chairman, the Petitioner issued a Direction dated 26 August preventing Sooriyadasa from allowing any of her agents to interfere with the management of the company and/or to withdraw any funds from company without the express permission of the Petitioner.

Furthermore, the Petitioner informed court that power to issue such Directions was afforded to the Chairman by the Articles of Association of the company which granted the Petitioner paramount control over the directors of the company.

The Petitioner brought to the notice of the Court that notwithstanding such Direction dated 26 August 2016, the Respondent continued to allow W.M.S. Banda to withdraw monies from the earnings of the company.

Thus in this background the Petitioner by his Petition dated 13 September 2016 made an application to the Commercial High Court of Colombo to curb these actions of Sooriyadasa.

The Learned Judge of the Commercial High Court Shiran Gunaratne on hearing submissions by Nishan Premathiratne who appeared on behalf of the Petitioner with Nadun Wijayasriwardena and Janith Fernando Attorneys at Law on the instructions of Julius and Creasy, High Court Judge Shiran Gunaratne granted an interim order under and in terms of Section 233 of the Companies Act No.7 2007 compelling Sooriyadasa to follow the aforesaid direction of the Petitioner.

When the matter came up again on or around 28 September, the Respondent, Sooriyadasa sought time to file objections, and objections are due to be filed on 27 January 2017.