Farzana Clearing Agencies (Private) Ltd. vs Kala Traders (Private) Ltd. – SC CHC APPEAL 06/13-2024

The case between Farzana Clearing Agencies (Private) Ltd. and Kala Traders (Private) Ltd. saw the court addressing whether the restoration of a dismissed case under Section 87(3) of the Civil Procedure Code was proper given the respondent’s prolonged absence and lack of representation. It was determined that the restoration was appropriate after careful consideration of a series of trial proceedings, evidential delays arising from administrative challenges following the disappearance of the original owner, and the application of established criteria from Rev. Sumanatissa v Harry [2009] 1 SLR 31 and Chandrawathie v Dharmaratne [2002] 1 SLR 43. The findings established that the appellant’s appeal lacked merit and that the order of the Commercial High Court dated 23rd February 2012 was correc