The battle for control over Mackwoods Securities (Pvt) Limited intensified with Dr. Chris Nonis, Chairman of the Mackwoods Group filing an action against the nominees who unsuccessfully sought to be appointed as Directors of Mackwoods Securities (Pvt) Ltd.
The outsiders who sought to be appointed as Directors, Daya Ratnayaka, former Commander of the Army, Mano Tittawella, and Attorney-at-Law and Director of Trico Shraepathi Attanayake were named as Defendants in this action.
Dr. Nonis in his Plaint informed Court that during last week’s EGM, Shraepathi Attanayake had barged into the meeting room uninvited and interrupted the meeting although Dr. Nonis as the Chairman of the Company and of the EGM requested him to leave the meeting room. The Secretary of the Company, has on 07th of July 2016 lodged a complaint in this regard to the Fort Police Station.
The Plaint goes on to state whilst the aforesaid EGM was taking place, former Army Commander Daya Ratnayake was also seen at the venue of the said EGM together with a large crowd of unknown and unrelated persons. Dr. Nonis informed Court that he verily believes that Daya Ratnayake was present with a large gathering in the aforesaid manner purely in order to intimidate him and the other Directors supportive of him.
Dr. Nonis also informed Court that he reasonably apprehends that these three persons will interfere with the management and activities and the running of the Company and that they, as a matter of law, are not entitled to interfere with the activities of the Company and are not entitled to give any instructions whatsoever or howsoever with regard to the activities of the Company.
Having heard the submissions made on behalf of Dr. Nonis, Court issued notice of interim injunction on Daya Ratnayaka, Mano Tittawella and Shraepathi Attanayake to show cause as to why an interim injunction should not be issued against them restraining them from in any manner whatsoever or howsoever functioning and/or holding out and/or making representations and/or giving instructions to any employee(s) of Mackwoods Securities (Pvt) Limited pending the hearing and determination of the action and restraining them in any manner whatsoever or howsoever from obstructing and/or interfering with the functions of Mackwoods Securities (Pvt) Limited pending the hearing and determination of the action and further restraining Mackwoods Securities (Pvt) Limited itself and/or its Directors and/or its agents and/or its servants and/or otherwise howsoever from receiving and/or acting and/or functioning and/or carrying out in any manner whatsoever any of its affairs and/or transactions and/or business on the instructions of the said three persons named Defendants and/or at the instance of the said persona pending the hearing and determination of the action. (Colombo Gazette)