Tropical Island Commodities (Private) Limited vs Mediterranean Shipping Company S.A. – SC APPEAL 137/2015-2015

In the case between Tropical Island Commodities (Private) Limited and Mediterranean Shipping Company S.A., the court addressed the validity of a proxy filed by the Defendant Company, which was challenged as defective by the Plaintiff-Appellant. The central legal issue considered was whether the proxy, signed by an alleged attorney/agent, satisfied the requirements under Section 59(5) of the Civil Procedure Code, especially considering the disparity between the English and Sinhala versions. It was held that the presence of the company seal sufficed for validity and that no additional signature was necessary where the proxy was executed by or on behalf of a company. The principle reaffirmed is that procedural requirements regarding corporate proxies are met by seal alone, as interpreted by s