Colombo Engineering Enterprises (Pvt) Ltd. and Others v. Hatton National Bank Ltd. – sllr 1999 volume 1 page 072

The case between Colombo Engineering Enterprises (Pvt) Ltd. (and others) and Hatton National Bank Ltd. addressed whether a court, when issuing a winding-up order, is bound to rely solely on affidavit evidence or may also consider viva voce (oral) testimony. It was held that while an expeditious procedure through affidavits is intended in such applications, the discretion of the District Court extends to permitting oral evidence and cross-examination if the affidavit material is deemed insufficient for such consequential relief. The principle reaffirmed is that in company winding-up proceedings, judicial caution is paramount and procedural flexibility exists to ensure a fair inquiry. Reliance was placed on precedents permitting oral evidence in appropriate contexts, clarifying that discreti