Senanayake and Another v. Peiris – sllr 1991 volume 1 page 365

In the case between Senanayake (and associated petitioners including the 8th petitioner company) and Peiris (Executive Director of Freudenberg Shipping Agencies), the court addressed whether interim ex parte orders affecting directorship under the Companies Act No. 17 of 1982, specifically sections 213(1), (2), and (3), could stand without an inter partes hearing. It was held that such orders made without proper notice to affected parties were procedurally irregular and contrary to the statutory framework, reaffirming the principle that interim relief impacting directors’ positions must be granted with due process. Reliance was placed on both local and English case law addressing procedural fairness in corporate disputes, emphasizing the requirement of inter partes inquiry before finalizin