K. M. De Silva et al. v. Mr. H. A. G. Hettiarachchi et al. – CA 810/2003-2003

In the matter between K. M. De Silva and others, associated with George Steuart & Co. Ltd, and H. A. G. Hettiarachchi, Controller of Exchange, as well as various financial institutions and the Registrar of Companies, the court addressed whether the petitioners could withdraw their petition without prejudice to rights asserted in other related proceedings. It was determined that the withdrawal could be allowed on the express condition that such withdrawal would not affect petitioners’ rights in pending or future cases. This disposition reaffirmed that withdrawal of one matter does not operate as a bar to pursue relief in related actions, consistent with procedural fairness principles.

Rohini Marasinghe J. — It was determined that the application to withdraw the petition was allowed, provi