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The enjoining order issued against Regent Property Developers Lanka Ltd. in case number CHC 205/18/MR was extended by the Commercial High Court in a recent inter partes order of the court.
The order was delivered by Commercial High Court Judge Ruwan Fernando, who held that in appropriate cases, even where there was an arbitration clause, Court can support the arbitral process by granting interim relief until the constitution of the arbitral tribunal or interim relief is either granted or refused. Accordingly, the Commercial High Court has extended the enjoining order against Regent Property Developers Lanka Ltd. preventing it from alienating, transferring, selling or otherwise disposing of any further apartments in Regent Residencies, Mount Lavinia. The enjoining order has been in force since 29 March 2018 and has been extended until 28 November 2018.
The order was issued at the instance of Construction Managers and Planners Ltd. (CMPL), the contractor of the Regent Residencies apartment complex situated at No. 71 and 71/1, Watarappola Road, Mount Lavinia, who claims that Regent has failed to pay sums due to them in respect of the construction, in spite of CMPL already having an adjudication decision in its favour against Regent for a sum exceeding Rs. 74,735,302.
