CEYLINCO INSURANCE PLC AND OTHERS

VS.

ISPAT CORPORATION (PVT) LTD AND OTHERS

SUPREME COURT
EVA WANASUNDERA P.C.J.
ANIL GOONERATNE J,
H.N.J. PERERA J.
SC CHC APPEAL 21/2010
HC (CIVIL) NO. 98/2002(1)
29.07.2016.

Malicious Damage/ insurance Policy- Referred by Supreme Court to mediation-Termination of Management Agreement- Notice of Claim- Loss Adjustor- Time Bar- Malicious Damage- Fraud?- Cause of action- When did it arise?.

This is an appeal from a Judgment of the Commercial High Court Colombo. Hearing of this appeal was accelerated in 2010. Thereafter at the conclusion of submission of Parties court made order that this is fit case to refer to mediation and order was made on 08.05.2014. Supreme Court named Hon. Justice Nimal Dissanayaka as mediator to conclude proceedings in 3 months, from date of reference. However Justice Dissanayaka made order that mediation was not successful and informed the Supreme Court accordingly.

Plaintiff Respondent Company was engaged in the business of manufacturing 'sheet structural'. The Plaintiff- Respondent Company's name was changed in 2002 to "Ispat Corporation (Pvt) Ltd. The Company's had ceased operating in 1999 temporally due t