Abans PLC vs Peirisge Rohini Fernando – SC (CHC) APPEAL NO. 32/2014-2024

This case involves an appeal by Abans PLC (formerly Abans Retail (Pvt) Ltd.) against Peirisge Rohini Fernando. The core issue revolves around the Plaintiff’s locus standi to file the initial action, given that the ‘Approved Dealer Agreement’ was between ‘Abans Ltd.’ and the Defendant, not ‘Abans Retail (Pvt) Ltd.’ The Commercial High Court dismissed the original action, and the Supreme Court affirmed this decision, citing the Plaintiff’s lack of standing at the time the Plaint was filed.

P. PADMAN SURASENA, J. delivered the judgment affirming the decision of the Commercial High Court. The difficulty in discerning a distinct cause of action from the Plaint was noted; however, the focus was on the Plaintiff’s reliance on an ‘Approved Dealer Agreement’ (P2b) which was between ‘Abans Ltd.’ an