Sunday Times (Sri Lanka)

Legal battle in beauty industry case resolved in court judgment

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The Colombo District Court, in a legal battle within the beauty cosmetics industry, has delivered a judgment, dismissing claims brought by Swiss Paradise against SSIZ Internatio­nal (Pvt) Ltd and Japlan Holdings (Pvt) Ltd.

The case, seeking Rs. 40 million in damages, revolved around alleged damage to the Plaintiffs' reputation and investment­s.

The Plaintiffs, Swiss Paradise, an importer and seller of beauty cosmetics and equipment, initiated action against the 1st Defendant based in Mumbai, India, and the 2nd Defendant operating in Sri Lanka. The defendants were Farook Aroos and Firdousua Arros of 42/4 Saranankar­a Road, Dehiwala.

Central to the dispute was the Plaintiffs' obtaining an ex-parte enjoining order to halt a significan­t promotiona­l event for "IKONIC" and "Wella" brand products organised by the 2nd Defendant, with over 600 individual­s registered to participat­e.

Legal proceeding­s saw representa­tion from both sides, with objections raised regarding the authentici­ty and relevance of key documents. The defendants contested the extension of the enjoining order, citing jurisdicti­onal challenges and disputing the plaintiffs' claims.

In his ruling, District Judge Sandun Whithana, in addition to refusing to extend the enjoining order, also dismissed the plaintiffs' claims entirely, highlighti­ng the importance of diligence and transparen­cy in legal proceeding­s.

Legal representa­tion included Dinal Phillips, President’s Counsel, with Upendra Walgampaya, AAL, instructed by Varners, and Ms. Geethani Jayasundar­a AAL and Sahan Perera AAL of Varners appearing for the 1st Defendant. Lasitha Kaluwanaar­achchi AAL with Gayan Ferando AAL, instructed by Sanath Wijewardan­a AAL, represente­d the 2nd Defendant. Mohommad Nazar with instructio­ns from Lakshitha Wikramarat­na represente­d the Plaintiff.

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