Harry J ordered to pay costs to erstwhile business partner, Alif
Business tycoon Harry Jayawardena was this week ordered by the Colombo Magistrate to pay his erstwhile partner Zaki Alif Rs. 50,000 as compensation for citing him as a Respondent in an Intellectual Property case brought before court.
Colombo Magistrate Chandima Liyanage made this order on Monday when the case filed by Mr. Jayawardena of Stassen Exports (Pvt.) Ltd., and Stassen International (Pvt.) Ltd., complained that Mr. Zaki Alif and others had stolen information that the complainant claimed exclusivity over.
Harry Jayawardena
Discharging Mr. Alif on the basis that there is no evidence to show that he was involved in a company called OSH Holdings (in which another case is pending in the Colombo Commercial High Court against Stassens and Mr. Jayawardena), the Magistrate said the complainant had failed to disclose vital information in the case pertaining to the other case filed by Mr. Jayawardena in the Colombo Commercial High Court.
Magistrate Liyanage said he did not see any reason why the party named as the first accused (Mr. Alif) should be a party to this action. The other parties named as accused in this case are Mr. S. Sithamparanathan and Mr. M. Thogesan of OSH Holdings.
Senior Counsel Jeewantha Jayatilake appearing for the 2nd and 3rd accused and OSH Holdings submitted to Court that the Magistrates Court had no jurisdiction to hear and determine the case and therefore summons need to be recalled and the case discussed and also that the complainant had filed a case in the Colombo Commercial High Court claiming exclusive rights to a particular tea blend and that he should be given an Enjoining Order preventing OSH Holdings from using that tea blend.
He said that this vital information was not disclosed to the Magistrate’s Court by the complainant Harry Jayawardena.
Mr. Jayatilake submitted that the fact remains that the Commercial High Court does not recognise the right of the complainant to such exclusivity on the tea blend to the complainant’s company and the High Court had refused an interim injunction.
Under these circumstance, he submitted that since the High Court has already decided on the matter, there is no right available to the complainant nor jurisdiction vested with a lower court on a decision made by a higher court. These facts were not disclosed when the complainant obtained summons on the accused and a search warrant to search OSH Holdings stores, Counsel said.
Dulinda Weerasuriya PC appearing for the complainant Harry Jayawardena argued that the Colombo Commercial High Court order had no relevance to the case before the Magistrate’s Court. He said that the Magistrate can go into this matter as the High Court dealt with original civil jurisdiction. Counsel for both parties have been asked to submit preliminary objections by way of written submissions tomorrow (November 2).
Mr. Dharmatilleke Gamage with Mr. Arun Mallawarachchi appeared for Mr. Zaki Alif. Mr. Jeewantha Jayatilake with Mr. Ralitha Amarasena and Ms. Mary Dickman appeared for Mr. Sithamparanatha and Mr. Thogesan and M/s OSH Holdings (Pvt) Ltd. Mr. Dulinda Weerasuriya PC with Mr. U.L.G. Bandarage appeared for Mr. Harry Jayawardena.