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Monday, 28 April 2014 00:03 - - {{hitsCtrl.values.hits}}
I.W. (Arthur) Senanayake of No.I8/1, Alfred Place, Colombo 3, instituted action against Indra Regent Hotel Ltd. stating that he is the lawful owner of the property where Indra Regent Hotel is carrying on business and the Lease Agreement in that regard with Indra Regent Hotel Ltd. expired on 31 December 2013 and from 1 January 2014 Indra Regent Hotel is occupying the premises illegally and wrongfully causing damages in a sum of Rs. 500,000 per day from 15 January 2014.
In the plaint it has also been stated that Indra Regent Hotel has no license to run a hotel and also no license or permission has been obtained to sell or serve liquor and no permission has been granted by the Sri Lanka Tourism Authority to run a hotel in the said premises after 31 December 2013.
To prove same the Plaintiff annexed a letter dated 10 February 2013 issued by the Sri Lanka Tourism Authority confirming that no license has been issued to run a hotel and also no liquor license has been granted.
The Defendant Company filed a statement of objections denying the allegations set out in the Plaint and enclosed a number of documents to prove the averments in the statement of objections.
Having perused the Plaint, Affidavit and documents annexed to the Plaint and also having perused the statement of objections, affidavit and documents annexed to the objections, Court came to a finding that from 1 January 2014, Indra Regent Hotel Ltd. is in illegal and wrongful occupation without any payment of rent and also has not obtained liquor license and Tourism Board approval to run the business for the year 2014.
"Indra Regent Hotel is carrying on business and the Lease Agreement in that regard with Indra Regent Hotel expired on 31 December 2013 and from 1 January 2014 Indra Regent Hotel is occupying the premises illegally and wrongfully
nIn the plaint it has also been stated that Indra Regent Hotel has no license to run a hotel and also no license or permission has been obtained to sell or serve liquor and no permission has been granted by the Sri Lanka Tourism Authority to run a hotel in the said premises after 31 December 2013"
Accordingly, the Court being satisfied that the balance of convenience is in favour of the Plaintiff, issued an interim injunction restraining Indra Regent Hotels Ltd from carrying on any business at 383, R.A. De Mel Mawatha.
Romesh De Silva P.C with Sugath Caldera Attorney-at-Law appeared on behalf of I.W. Senanayake instructed by G.G. Arulpragasam Attorney-at-Law.
Senior Counsel A.Y.A. Hedayathullah with Nadvi Bahudeen and Devi Ranga Marasinghe, Sakurani Wijeratne and Nisansala Jayasinghe Attorneys-at-Law instructed by A.S.C. Devapura Attorney-at-Law appeared for Indra Regent Hotel Ltd.
