2025 Supreme(SRI)(CA) 330
IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for Revision in terms of Article 138 of the Constitution against the Order dated 6th March 2025 delivered in DC Nugegoda Case No: SPL/679/2024.
Court of Appeal Case No:
CA/REV/0005/2025 DC Nugegoda Case No:
SPL/679/2024 SQUIRE MECH ENGINEERING (PVT) LTD No. 135/1, Old Kottawa Road, Nawinna, Maharagama.
Plaintiff Vs.
ILLAYPERUMA KODITUWAKKUARACHCHILAGE DAYANANDA
63/2, Araliya Gardens, Elhena Road, Maharagama.
Defendant AND NOW BETWEEN SQUIRE MECH ENGINEERING (PVT) LTD No. 135/1, Old Kottawa Road, Nawinna, Maharagama.
Plaintiff-Petitioner Vs.
ILLAYPERUMA KODITUWAKKUARACHCHILAGE DAYANANDA
63/2, Araliya Gardens, Elhena Road, Maharagama.
Defendant-Respondent Before: D. THOTAWATTA, J.
K. M. S. DISSANAYAKE, J.
Counsel: Suren De Silva with Jehan Samrasinghe instructed by Kanchana Senanayake for the Plaintiff-Petitioner.
Jagath Wickramanayake PC. with Sachira Andrahannadi instructed by Rasika Wellappili for the Defendant-Respondent.
Supported on : 21.07.2025 Written Submissions of the Plaintiff-Petitioner tendered on : 20.08.2025 Written Submissions of the Defendant-Respondent tendered on : 25.08.2025 Decided on : 18.09.2025
Suren De Silva with Jehan Samrasinghe instructed by Kanchana Senanayake for the Plaintiff-Petitioner.
Jagath Wickramanayake PC. with Sachira Andrahannadi instructed by Rasika Wellappili for the Defendant-Respondent.
K. M. S. DISSANAYAKE, J.
This is an application in revision filed by the Plaintiff-Petitioner (hereinafter called and referred to as “Plaintiff”) only against that part of the order of the Learned District Judge of Nugegoda dated 06.03.2025 made in an action bearing No. SPL/679/2024, a certified copy of which was annexed to the petition marked as ‘A2’ (hereinafter called and referred to as “the order”) refusing a kind of interim injunction as prayed for in prayer ‘f’ of the plaint. We have heard the Learned Counsel for the Petitioner in support of the application for notice and interim order and the learned President’s Counsel for the Defendant-Respondent (hereinafter called and referred to as “the defendant”) in opposition thereto and this matter is now, coming up before us for order thereon.
The Plaintiff had instituted the action bearing No. SPL/679/2024 in the District Court of Nugegoda against the Defendant praying inter-alia, for the following relief, namely;
(a) a declaration that the Defendant is not entitled to possess or use the vehicles bearing numbers PH 7136 [P7A and KO 1151 (P7B] since his resignation from the employment of the Plaintiff Company with effect from 31st October 2023;
(b) a declaration that the Defendant nor his servants and agents have any right in law to obstruct and or interfere with the Plaintiff or its servants and agents from obtaining possession of the vehicles bearing numbers PH 7136 [P7A and KO 1151 [P7B|;
(c) a permanent injunction restraining the Defendant, his servants and agents from using in any manner whatsoever the vehicles bearing numbers PH 7136 [P7A| and KO 1151 [P7B];
(d) a permanent injunction restraining the Defendant, his servants and agents from obstructing and/ or interfering with the Plaintiff or its servants and agents from obtaining possession of the vehicles bearing numbers PH 7136 [P7A] and KO 1151 [P7B);
(e) an interim injunction restraining the Defendant his servants and agents from using in any manner whatsoever the vehicles bearing registration numbers PH 7136 [P7A] and KO 1151 [P7B], pending the grant of the permanent injunction;
(f) an interim injunction restraining the Defendant his servants and agents from obstructing and/or interfering with the Plaintiff or its servants and agents from obtaining possession of the vehicles bearing numbers PH 7136 [P7A] and KO 1151 [P7B], pending the grant of the Permanent Injunction;
The pivotal basis of the action of the Plaintiff is that the Defendant’s continued, wrongful and illegal possession of the vehicles bearing registration numbers PH 7136 (P7A) and KO 1151 (P7B) ownership of which admittedly, lies with the Plaintiff being the registered owner thereof, which were assigned to him by the Plaintiff as means of facilitating him in performing his official duties in his position as the Director (Engineering Services) under and in terms of Clause 4.9 of the agreement (P4A) and the provisions of the Contract of Service (P6A entered into between the Plaintiff and the Defendant, even upon Defendant’s resignation from his position as Director (Engineering Services) in the Plaintiff’s Company as manifest from (P16). It is in this premise, the Plaintiff had in prayers ‘e’ and ‘f’ of the plaint, prayed for two interim injunctions against the Defendant and the Defendant had in his statement of objections, objected to the granting of such interim injunctions on the basis that, those two vehicles had been purchased by him out of his personal assets and therefore, the Plaintiff was holding those two vehicles in trust for him. However, the learned District Judge of Nugegoda had proceeded to grant an interim injunction as prayed for in prayer ‘e’ of the plaint and refused the interim injunction as prayed for in prayer ‘f’ of the plaint on the premise that should the interim injunction as prayed for in prayer ‘f’ of the plaint be granted allowing the Plaintiff to obtain possession of the vehicle pending final determination of the said action, there