SL CoA | Official Liquidator held to have no locus standi in any claim once the company is voluntary wound up 

Court of Appeal for the Democratic Socialist Republic of Sri Lanka: The petition of a liquidator was entertained by Samayawardhena, J. and was eventually dismissed due to lack of locus standi. 

The petitioner was the liquidator of Dart West Asia Holdings Ltd., he filed an application for issue of certiorari against the order of Commissioner General of Labour directing the Director of the said company to pay EPF and Gratuity to a former employee of the aforementioned company. 

At the argument, learned senior counsel for the respondent inter alia took up a preliminary objection regarding the standing of the petitioner to file an application. He further contended that the petitioner wanted to give an impact that the said company is still under liquidation. 

The Court observed that, winding up procedure is now concluded and the final account of the liquidator has also been sent to the Registrar General of Companies. Hence, declared that such winding up was voluntary and after the affairs of the company were fully wound up, Final General Meeting was held. Court highlighted the provisions of Companies Act, 2007 which provided that the Registrar General of Companies upon receiving the final accounts shall forthwith register them and on the expiration of three months, the company is dissolved automatically.

Court further held that from the application of petitioner it was clear that the application was filed several months after the company was dissolved. The contention of the petitioner that he was still a liquidator was not maintainable and the writ was disposed because the petitioner didn’t have any locus standi once the company was dissolved. [Chandanie Rupasinghe Weragala v. Deputy Commissioner, CA. Writ No. 429 of 2015, decided on 02-05-2019]

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