Remyko Industries Ltd. vs Tootal Thread Colombo (Pvt) Ltd. – CA 235/1997-2011

In the case between Tootal Thread Colombo (Pvt) Ltd. and Remyko Industries Ltd., the court addressed the issues of whether the Defendant-Appellant failed to diligently prosecute the appeal warranting dismissal under Supreme Court Rules 13 and 34, and whether the Plaintiff-Respondent was entitled to recover the outstanding balance for goods supplied. The findings established that the appeal was not prosecuted with due diligence and that the Defendant-Appellant was liable for the unpaid sum. It was reaffirmed that a continuing running account and timely filing negated the defense of prescription. Reliance was placed on the documentary evidence and precedent (Edrick de Silva v. Chandradasa de Silva), underscoring that unchallenged evidence by a plaintiff strengthens its position. The appeal w