Kanthi Fernando vs W. Leo Fernando (Maddagedara) Estates Company Limited – SC APPEAL CHC NO. 84/2014-2024

In the case between Kanthi Fernando (Petitioner-Appellant) and W. Leo Fernando (Maddagedara) Estates Company Limited (Respondent-Respondent), the court addressed whether it was “just and equitable” under Section 270(f) of the Companies Act No. 07 of 2007 to wind up the Respondent company. The court held that the Commercial High Court had erred in dismissing the winding-up application without properly considering admitted facts in affidavits, not affording parties the opportunity to present oral evidence to resolve contested matters, and failing to give adequate reasons regarding alternative remedies. It was determined that key legal principles, including the burden of proving negative facts and the admissibility of affidavit admissions, warranted a fresh inquiry. The Supreme Court set asid