IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for Leave under and in terms of Section 5C of the High Court of the Provinces (Special Provisions) Act No. 19 of 1990 as amended by the High Court of Provinces (Special Provisions) (Amendment) Act No. 54 of

2006.

In the matter of the winding up of FA IMPEX (PRIVATE) LIMITED under Part IX of Companies Act No. 17 of 1982, having its registered ofÏce at No. 46, Sri Mahindarama Road, Colombo 9 and also a place of business at NO. 213/1, Main Street, Colombo 11 and presently at 23, Sea Street Colombo 11.

Adani Exports Ltd “Adani House”, Near Mithakhali Circle, Navrangpura, Ahmedabad, 380 009, India.

S.C. APPEAL NO. 91/2014 Petitioner SC HCCA LA NO. 32/2014 WP/HCCA/COL/66/2009(F) Vs.

D.C. Colombo Case No. 119/CO

1. Fa Impex (Pvt) Ltd having its registered ofÏce at No. 46, Sri Mahindarama Road, Colombo 9 and also a place of business at No. 213/1, Main Street, Colombo 11 and presently at

23, Sea Street, Colombo 11.

1^st Respondent

2. Seylan Bank Ltd, Ceylinco Seylan Tower, No. 90, Galle Road, Colombo 03.

Intervenient-Petitioner-2nd Respondent

3. Rahamatulla Abdul Rahuman, B/04, First Floor, St. James’ Flats, Colombo 15.

Creditor-Petitioner-3rd Respondent AND Fa Impex (Pvt) Ltd having its registered ofÏce at No. 46, Sri Mahindarama Road, Colombo 9 and also a place of business at No. 213/1, Main Street, Colombo 11 and presently at 23, Sea Street, Colombo 11.

1^st Respondent-Appellant Vs.

Adani Exports Ltd “Adani House”, Near Mithakhali Circle, Navrangpura, Ahmedabad, 380 009, India.

Petitioner-1st Respondent Seylan Bank Ltd, Ceylinco Seylan Tower, No. 90, Galle Road, Colombo 03.

Intervenient-Petitioner-2nd Respondent Rahamatulla Abdul Rahuman, B/04, First Floor, St. James’ Flats, Colombo 15.

Creditor-Petitioner-3rd Respondent AND NOW BETWEEN Fa Impex (Pvt) Ltd having its registered ofÏce at No. 46, Sri Mahindarama Road, Colombo 9 and also a place of business at No. 213/1, Main Street, Colombo 11 and presently at 23, Sea Street, Colombo 11.

1^st Respondent-Appellant-Pe Vs.

Adani Exports Ltd “Adani House”, Near Mithakhali Circle, Navrangpura, Ahmedabad, 380 009, India.

Petitioner-1st Respondent-Respondent Seylan Bank Ltd, Ceylinco Seylan Tower, No. 90, Galle Road, Colombo 03.

Intervenient-Petitioner-2nd Respondent-

Respondent Rahamatulla Abdul Rahuman, B/04, First Floor, St. James’ Flats, Colombo 15.

Creditor-Petitioner-3rd Respondent-

Respondent Before: Buwaneka Aluwihare, P.C., J.

K.K. Wickremasinghe, J.

Janak De Silva, J.

Counsel:

Nilanga Perera for the 1^st Respondent-Appellant-Pe A.A.M. Illiyas, PC with Tharindu Rathnayake for the Petitioner-1st Respondent-Respondent Palitha Kumarasinghe, PC with Chinthaka Mendis for the Intervenient Petitioner-2nd Respondent-Respondent Written Submissions tendered on:

31.07.2014 and 13.01.2022 by the 1^st Respondent-Appellant-Pe

22.09.2021 and 26.11.2021 by the Petitioner-1st Respondent-Respondent

13.11.2014 and 24.11.2021 by the Intervenient Petitioner-2nd Respondent-Respondent Argued on: 27.10.2021 Decided on: 01.06.2023 Janak De Silva J.

The Petitioner-1st Respondent-Respondent (1st Respondent) filed this application in the District Court of Colombo to wind up the 1st Respondent-Appellant-Petitioner (Petitioner). This application was made on 19th March 2003 in terms of the Companies Act No. 17 of

1982 (Companies Act 1982).

By order dated 16^th January 2009 the learned District Judge ordered the winding up of the Petitioner. The Petitioner preferred an appeal to the Provincial High Court of Civil Appeal of the Western Province (Holden in Colombo) (High Court). When this appeal was taken up for hearing, the Intervenient-Petitioner-2nd Respondent (2nd Respondent) raised a preliminary objection that no right of appeal has been given to the Petitioner by Companies Act No. 7 of 2007 (Companies Act 2007) to appeal against the winding up order.

The High Court ruled that the issue must be decided by reference to section 5