Nihal Sri institutes action against Hilton sale

Anti-corruption activist and public interest litigant Nihal Sri Ameresekere has instituted action in the District Court of Colombo against the sale of the Hilton Colombo hotel.

In this regard, Ameresekere has instituted action against Treasury Secretary Dr. R.H.S. Samaratunga (first defendant) and C. Ramachandra, the Competent Authority of Hotel Developers (Lanka) PLC (HDL), the owning company of the Hilton Colombo hotel (second defendant).

The plaintiff (Ameresekere) has prayed for the declaration of him and his nominees are entitled to representation on the board of directors of HDL as undertaken by the first defendant in the previous settlement agreements entered into 1995.

The plaintiff had been a Promoter, Subscriber, Shareholder, Director and Chairman of HDL.

The plaintiff also has requested the court to grant an enjoining order, interim injunction and permanent injunction, restraining the first defendant taking any steps whatsoever for the sale/transfer or alienation of any shares of HDL to any person, prior to the fulfilment of the obligations in favour of the plaintiff, as contained in the settlement agreements.

Accordingly, District Court Judge R.P.D.P.P. Ratnayake on July 31, 2018 ordered notice of interim injunction and summons to be issued on the defendants.
The judge in his order had notified that the plaintiff, should the necessity arise, has the right to move to support the issuance of the enjoining order. 

The order also states that on the next date, considering the urgency of this matter, should the defendants submit statement of objections, the court would consider fixing an early date for the interim inquiry.The plaint further disclosed that a fundamental rights application has been made in the Supreme Court, citing the District Court Action filed against the state, claiming rightfully and lawfully due sovereign commitments and entitlements of the plaintiff from the government and demonstrating that the plaintiff has been unequally treated, even in the face of decrees ordered and entered by the Commercial High Court. 

Before this application could be supported, the Deputy Solicitor General had submitted to the Supreme Court that the settlement of the matter is to be effected shortly.On behalf of the plaintiff, President’s Counsel K. Kanag-Isvaran, together with Lakshmanan Jayekumar, Attorney-At-Law, instructed by Bushra Hashim, Attorney-At-Law made submissions.