Colombo District Judge issues summons on Saksel Plantations Company, Lawyer Jayaratne

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Colombo District Judge Poornima Paranagamage issued summons and notice of interim injunction on Saksel Plantations (Private) Limited, Randunu Dissanayakalage Sarath Kumara Wijewickrama, who is a Director of Saksel Plantations and Andradige Augustus Jayaratne, Attorney-at-Law, returnable on 28 September 2022.

BSP Mendis & Company Construction (Pvt) Ltd. instituted action, in the District Court of Colombo, against Saksel Plantations (Private) Limited declaring that deed bearing No.3911 dated 31.03.2022 attested by Augustus Jayaratne Notary Public is null and void and is no force or avail in law, alleging fraud.

In the Plaint, it has been stated that BSP Mendis & Company Construction (Pvt) Ltd agreed to sell and transfer well over four and a half acres of land in Biyagama to Saksel Plantations (Private) Limited for a sum of Rs 822,480,000 and entered into an Agreement to Sell and the said sum was set out in the said Agreement.

However, at the time the Deed of Transfer was executed, the deed value had been stated as Rs 600,000,000 and on fraudulent and illegal misrepresentation, Attorney-at-Law Augustus Jayaratne had obtained the signature of the Director of BSP Mendis & Company Construction (Pvt) Ltd on the erroneous belief that the purchase price was Rs 822,480,000.

In the Plaint, it has also been alleged that the Notary Augustus Jayaratne has wrongfully, unlawfully and fraudulently stated in the attestation to the said Deed of Transfer that a sum of Rs 200,000,000 has been received by BSP Mendis & Company Construction (Pvt) Ltd. when in fact no such payment has been made.

In the Plaint it has also been alleged that the Director of Saksel Plantations (Private) Limited and the Notary Augustus Jayaratne are guilty of fraud as the signature of the Director of BSP Mendis & Company Construction (Pvt) Ltd was obtained on a fraudulent and wrongful misrepresentation.

Together with the Plaint, a CD containing conversations between the Director of BSP Mendis & Company Construction (Pvt) Ltd Sudharman Mendis and the Director of Saksel Plantations Company (Private) Ltd Randunu Dissanayakalage Sarath Kumara Wijewickrama and Notary Public Augustus Jayaratne and the correspondence exchanged between the parties were annexed to prove that out of the sum of Rs 822,480,000 only Rs 428,500,000 has been paid and without paying the balance sum of Rs 393,500,000, the signature of the Director of BSP Mendis had been obtained fraudulently.

In the Plaint, it has also been alleged that the Directors of Saksel Plantation, Company (Private) Ltd aided and abetted by Notary Public Augustus Jayaratne are taking steps to alienate the said land.

Having heard the submissions made by the Counsel for BSP Mendis & Company Construction (Pvt) Ltd and having perused the Plaint, Affidavit and annexures, more particularly the CD containing conversations between the parties and correspondence, Court being satisfied that a prima facie case has been established, issued notice of interim injunction restraining Saksel Plantations Company (Private) Ltd, the Director of Saksel Plantations (Private) Limited Randunu Dissanayakalage Sarath Kumara Wijewickrama and Attorney-at-Law and Notary Public Augustus Jayaratne from in any way or manner alienating and/or encumbering the said land.

President’s Counsel Romesh de Silva with Attorneys-at-Law Niranjan Arulpragasam, Niran Anketell and Rasara Jayasuriya, instructed by Attorney-at-Law  G.G. Arulpragasam appeared on behalf of the Plaintiff.