MOD TEC LANKA (PVT) LTD vs FOREST GLEN HOTEL & SPA(PVT) LTD – SC CHC/19/2011-2011

In the case between FOREST GLEN HOTEL & SPA (PVT) LTD and MOD TEC LANKA (PVT) LTD, the court addressed a contractual dispute involving the recovery of advanced payments and legal interest after termination of a hotel construction contract. It was held that the appeal should be dismissed due to a pattern of procedural delays, absence, and lack of due diligence by the Appellant, reaffirming that parties must prosecute their appeals with proper diligence as mandated by Rule 34 of the Supreme Court Rules 1990. This decision drew upon principles of due process and procedural fairness, emphasizing the importance of respecting court processes to ensure substantive justice.

Tilakawardane J. — An examination of the claim for recovery of advanced payments post-termination of a construction contrac