ISC ^Appeat LTglZOtB] - ^pase 1 of 16 LANKA In the maffer of an appeal in terms of section 5(2) of the High Court of the provinces (Specia/ Provrsions) Act No. l0 of 1996, against an order pronounced by the High Court exercrsing its jurisdiction under section 2 of the said Act.

SC Appeal No. 17912018 SC HC LA Application No. tLLltT Provincial (Commerclal) High Court Case No. In the maffer of an application for winding up 31/2013(CO) by Court under and in terms of part XII of the Companies Act No:Z of 2002.

Kurukula Arachchige Don Lenard priyanka Nanayakkara, No. 396/5, Koswatte Rd, Kalapaluwewa, Rajagiriya.

PETITIONER G.K. Sudath Kumara, Chartered Accountant, 3'd Floor, ^yathama Building, Galle Road, Colombo 03.

LIQUIDATOR AND THEN BETWEEN Dr. Noel Pratheepan Somasundaram No.727ll, Birds park Residencies, Madinnagoda, Rajagiriya.

PARTY NOTICED ISC ^Appeal 179l}Afi) - ^page 2 of ]6 Vs.

G.K. Sudath Kumara, Chartered Accountant, 3'd Floor, Yathama Building, Galle Road, Colombo 03.

LrqurpATOR - RESPON DENT AND NOW BEI'I4\IEEN Dr. Noel Pratheepan Somasundaram No.72111, Birds ^park Residencies, Madinnagoda, Rajagiriya.

PARTY NOTICED - APPELLANT Vs. 1.

G.K. Sudath Kumara, Chartered Accountant, 3'd Floor, ^yathama Building, Galle Road, Colombo 03.

LrqurpATOR - RESPONpENT _

RESPONDENT

2.

Kurukula Arachchige Don Lenard priyanka Nanayakkara, No. 39615, KoswatLe Rd, Kalapaluwewa, Rajagiriya.

PETITIONER - RESPONDENT

3.

Maddumage Dona Chandani Amarathunga, Commissioner of Labour Department of Labour Narahenpita, Colombo-05 .

INTERVENIENT - PETITON ER RESPONDENT - RESPONDENT

4.

Mr. Don Raja Elmo Jayamaha "The Next", N-104, Niwasipura, Ekala PARTY NOTICED - RESPONDENT Before :

P. Padman Surasena J Kumudini Wickremasinghe J A.L. Shiran Gooneratne J Counsel :

Romesh de Silva, PC with Riad Ameen, Susitha Nawaratne and Rushika Rodrigo instructed by Paul Ratnayake Associates for the Pafi-Noticed-

Appellant.

Nishkan Parathalingam with Mrs. Upeka Sooriya Patabendige instructed by Sumali costa for the Liquidator-Respondent-Respondent.

Susantha Balapatabendi, PC, ASG with Ms. Indumini Randeny, SC for the Interven ient- ^{petitioner-Respondent-Respondent.}

:

Argued on 31-01-2023 :

Decided on 04.04.2024 P. Padman Surasena J The Petitioner-Respondent is a person who had made cerLain investments in 2006 in the Company by the name of Touchwood Investments (Private) Ltd. which had promised him [SC ^{Appeal L79/20181 - page} 4 of t6, returns in 20L2. As Touchwood Investments (Private) Ltd. had informed him of its inability to make payments as promised, the Petitioner-Respondent on or around 24-07-2073 had filed a Petition seeking an order from CourL for the winding up of Touchwood Investments (private) Ltd. It is upon this Petition that the Commercial High Court had made an order dated 05-06- 2074 to wind-up the said Company. It is in that process that the Court had appointed G.K. Sudath Kumara as the Liquidator. He has been named in this Appeal as the Liquidator-

Respondent who will hereinafter sometimes be referred to as the Liquidator.

The Liquidator had got to know that Touchwood Investments (Private) Ltd. (hereinafter sometimes referred to as the Company under liquidation) had caused the transfer of its various assets which are immovable properties to the Pafi-Noticed-Appellant. Thereafter, the Liquidator had filed the Motion dated 23-11-2015 in the Commercial High Court under Section 367 read with Section 370(1) of the Companies Act No. 07 of ZOO7. This Motion has been produced, marked Pl. According to this Motion, the Liquidator had informed Court that the Company under liquidation had transferred the five properties referred to in the said Motion under (a), (b), (c), (d), (e) to the Pafi-Noticed, namely Dr. Noel Pratheepan Somasundaram duringthe period specified in Section 373(2) of the CompaniesAct No. 07 of 2007. Itwas in those circumstances that the Liquidator had complained to the Commercial High Court that the said transactions entered into by the company under liquidation are voidable