Court vacates enjoining order against Capri Club
The District Court of Colombo on Thursday vacated the ex-parte enjoining order it issued against Capri Club situated in Colombo.
Additional District Judge Chandani Dias also refused to issue an interim injunction against the Trustees of the Club.
Accordingly, the enjoining order issued against Messrs Eddie Wijesuriya, Razik Zarook PC and Hiran Soyza, said to be the Trustees of the Capri Club, and which prevented the Club from conducting business, was dissolved in a 12-page order by the judge.
The Defendants took up the position that they are not the Trustees of Capri Club and as such they had no authority to suspend the operations of the Club. The Plaintiff has obtained the original enjoining order on the basis that the Capri Club premises was owned by Laxman Gunasekera, and after the demise of Laxman Gunasekera his heirs Anusha Gunasekera and other heirs have inherited the property by means of a Testamentary case.
The Defendants, however, argued that the Club premises were owned by the late Seetha Damayanthi Corea who had bequeathed the property to a trust that was created by her in her name for her daughter, and others. The Defendants have also charged the Plaintiff for Contempt on the basis of a false affidavit asserting that the property of the Capri Club was owned by Laxman Gunasekera when in fact it was owned by the Seetha Damayanthi Corea Trust.
Defendants Eddie Wijesuriya, Razik Zarook and Hiran Soyza were represented by Upul Jayasuriya PC, Sandamal Rajapaksha instructed by Razmara Associates.