Senok Trade Combine (Private) Limited (Senok) by its Answer dated August 3,2018 has preferred a Claim in Reconvention against Udeshi Tractors and Equipment (Private) Limited (UTRAX) for a sum of Rs. 900 million in respect of several acts of unfair, unethical and false accusation. Senok has denied all allegations made in the Plaint filed by UTRAX as being frivolous, vexatious and harmful and sought a dismissal of the Plaint subject costs.
On or about July 23, 2018, UTRAX had instituted action against Senok on alleged acts of unfair competition for a sum of Rs. 200 million due to Senok registering an opposition against the intention to award a public tender to UTRAX. In its Answer, Senok has denied the frivolous allegations leveled against Senok and challenged UTRAX to prove their allegations.
Senok has further indicated in the Answer that the said opposition and appeals were made rightfully as allowed in terms of Procurement Guideline 2018 itself. And that Senok raised legitimate objections based on the bidding documentation submitted by UTRAX itself. According to which UTRAX has submitted ambiguous information concerning the origin of the product and several other aspects. It was further alleged by Senok that the said opposition was made to the procurement Committee and is a confidential document, UTRAX has obtained the said information wrongfully and unlawfully from the relevant authorities.
Senok has further stated in its Answer that the conduct of UTRAX in engaging acts which are contrary to honest practices; likely to cause damage and disrepute to the goodwill and reputation of Senok; and likely to discredit the activities of Senok. In the circumstances Senok has sought damages under and in terms of the Intellectual Property Act No. 36 of 2003 for a sum of Rs. 900 million.
Thishya Weragoda, Attorney at Law with Pulasthi Rupasinha, Attorney at Law appears on the instructions of Shiromi Balasuriya, Attorney at Law for the Defendant Senok Trade Combine (Pvt.) Ltd. Senok Trade Combine (Private) Ltd., is a diversified business entity engaged in marketing and providing after sales facility for various construction machinery, automobiles, trucks and buses, aviation and wind power etc. whilst also very active in special project providing specific equipment to many Government Departments and institutions for over 35 years.