IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an appeal under Section 5(1) of the High Court of the Provinces (Special Provisions) Act No.10 of 1996, against the judgment of the learned Commercial High Court Judge of Colombo dated

28.03.2013.

THE TRAVEL CLUB (PVT) LTD., Formally of Taj Samudra Office Complex, No.25, Galle Face Centre Road, Colombo 3.

And presently of

4th Floor, Forbes and Walker Building, No.46/38, Nawam Mawatha, Colombo 2 .

Plaintiff S.C.CHC Appeal No.30 /2013 HC (Civil) No. .668/2010/MR Vs.

STERLING MERCHANT INVESTMENT LIMITED, Formally of No. 54, Walukarama Road, Colombo 3.

And presently of No. 85/1, Jambugasmulla Road, Nugegoda. Defendant AND BETWEEN THE TRAVEL CLUB (PVT) LTD., Formally of Taj Samudra Office Complex, No.25, Galle Face Centre Road, Colombo 3.

And presently of

4th Floor, Forbes and Walker Building, No.46/38, Nawam Mawatha, Colombo 2 .

Plaintiff-Appellant Vs.

STERLING MERCHANT INVESTMENT LIMITED, Formally of No. 54, Walukarama Road, Colombo 3.

And presently of No. 85/1, Jambugasmulla Road, Nugegoda.

Defendant-Respondent BEFORE : MURDU N.B. FERNANDO P.C., CJ.

A.H.M.D. NAWAZ, J.

ACHALA WENGAPPULI, J.

COUNSEL : Neomal Palpol