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IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of Appeal under and in terms of Article 154(P)(6) of the Constitution of the Democratic Socialist Republic of Sri Lanka read with Section 11 of the High Court of the Provinces (Special Provisions) Act No. 19 of
1990.
R.M.B.G. Heenbanda Court of Appeal Case No:
No. 27/1, Galkanda, CA/PHC/0117/2018 Rambukewela.
Petitioner Kandy High Court No:
WRT 42/2015 Vs.
1. N. S. Senadheera Commissioner of Co-operative Development & Registrar (Central Province), Department of Co-operative Development-
1Central Province, Ehalepola Kumarihamy Mawatha, Bogambara, Kandy.
22. Pujapitiya Multipurpose Co-operative Society Ltd Pujapitiya.
33. Gayan Bandara Wijesundere Arbitrator, Sudharshana Mawatha, Mawathagama.
Respondents AND NOW BETWEEN R.M.B.G. Heenbanda No. 27/1, Galkanda, Rambukewela.
Petitioner-Appellant Vs.
1. N. S. Senadheera Commissioner of Co-operative Development & Registrar (Central Province), Department of Co-operative Development-
Central Province, Ehalepola Kumarihamy Mawatha, Bogambara, Kandy.
1. Amila Navarathna Commissioner of Co-operative Development & Registrar (Central Province), Department of Co-operative Development-
Central Province, Ehalepola Kumarihamy Mawatha, Bogambara, Kandy.
Substituted 1st-Respondent-Respondent 2. Pujapitiya Multipurpose Co-operative Socicty Ltd Pujapitiya.
3. Gayan Bandara Wijesundere Arbitrator, Sudharshana Mawatha, Mawathagama Respondents-Respondents Before : D. THOTAWATTA, J.
K. M. S. DISSANAYAKE, J.
Counsel : Upul Ranjan Hewage with Ms. Kaushali Samaratunga for the Petitioner-Appellant.
Prabashini Jayasekara, S.C. for the 1st and 3rd Respondents- Respondents. A. M. E. B. Athapattu with Dinendra Senaratne for the 2nd Respondent-
Respondent.
Argued on : 09.07.2025 Written Submissions of the Petitioner -Appellant tendered on : 11.01.2023 Written Submissions of the 1st and 3rd Respondents -Respondents tendered on : 29.04.2022.
Written Submissions of the 2nd Respondent -Respondent tendered on : 26.03.2024. Decided on : 07.11.2025
IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of Appeal under and in terms of Article 154(P)(6) of the Constitution of the Democratic Socialist Republic of Sri Lanka read with Section 11 of the High Court of the Provinces (Special Provisions) Act No. 19 of
1990.
R.M.B.G. Heenbanda Court of Appeal Case No:
No. 27/1, Galkanda, CA/PHC/0117/2018 Rambukewela.
Petitioner Kandy High Court No:
WRT 42/2015 Vs.
1. N. S. Senadheera Commissioner of Co-operative Development & Registrar (Central Province), Department of Co-operative Development-
1Central Province, Ehalepola Kumarihamy Mawatha, Bogambara, Kandy.
22. Pujapitiya Multipurpose Co-operative Society Ltd Pujapitiya.
33. Gayan Bandara Wijesundere Arbitrator, Sudharshana Mawatha, Mawathagama.
Respondents AND NOW BETWEEN R.M.B.G. Heenbanda No. 27/1, Galkanda, Rambukewela.
Petitioner-Appellant Vs.
1. N. S. Senadheera Commissioner of Co-operative Development & Registrar (Central Province), Department of Co-operative Development-
Central Province, Ehalepola Kumarihamy Mawatha, Bogambara, Kandy.
1. Amila Navarathna Commissioner of Co-operative Development & Registrar (Central Province), Department of Co-operative Development-
Central Province, Ehalepola Kumarihamy Mawatha, Bogambara, Kandy.
Substituted 1st-Respondent-Respondent 2. Pujapitiya Multipurpose Co-operative Socicty Ltd Pujapitiya.
3. Gayan Bandara Wijesundere Arbitrator, Sudharshana Mawatha, Mawathagama Respondents-Respondents Before : D. THOTAWATTA, J.
K. M. S. DISSANAYAKE, J.
Counsel : Upul Ranjan Hewage with Ms. Kaushali Samaratunga for the Petitioner-Appellant.
Prabashini Jayasekara, S.C. for the 1st and 3rd Respondents- Respondents. A. M. E. B. Athapattu with Dinendra Senaratne for the 2nd Respondent-
Respondent.
Argued on : 09.07.2025 Written Submissions of the Petitioner -Appellant tendered on : 11.01.2023 Written Submissions of the 1st and 3rd Respondents -Respondents tendered on : 29.04.2022.
Written Submissions of the 2nd Respondent -Respondent tendered on : 26.03.2024. Decided on : 07.11.2025
K. M. S. DISSANAYAKE, J.
The instant appeal arises from an order of the learned High Court Judge of the Central Province holden in Kandy dated 12.07.2018 (hereinafter called and referred to as “the order”) wherein the learned High Court Judge had dismissed an application made thereto by the Petitioner-Appellant (hereinafter called and referred to as “the Appellant”) praying for orders in the nature of a writ of certiorari quashing the decision made by the 1st Respondent-Respondent (hereinafter called and referred to as “the 1st Respondent”) and contained in ෙප7 dismissing the appeal preferred to him by the Appellant (ෙප5) against the arbitral award made by the 3rd Respondent-Respondent (hereinafter called and referred to as “the 3rd Respondent”) (ෙප2), appointed by the 1st Respondent to arbitrate the dispute that had arisen between the 2nd Respondent-Respondent (hereinafter called and referred to as “the 2nd Respondent”) and the Appellant, for the failure on the part of the Appellant to deposit as security 10% of the sum specified in the arbitral award (ෙප2) in contravention of Rule 49(xii)(a) of the Co-operative Societies Regulations 1973 read in conjunction with section 72(2) of the Central Province Co-operative Societies Statute of No. 10 of 1990 as amended and a writ of mandamus directing and compelling the 1st Respondent to hear and conclude the said appeal preferred to him by the Appellant (ෙප5).
The facts and circumstances pertaining to the instant appeal as recited in the petition of appeal by the Appellant, may be briefly, set out as follows;
The Appellant had at all times material to the instant application, been employed as a manager of a retail outlet of the 2nd Respondent; and that, the 2nd Respondent had demanded a sum of Rs. 666779.54/- from the Appellant for shortage of goods that had been in his possession in that capacity as a manager of that retail outlet of the 2nd Respondent which demand had been rejected by the Appellant; and that the 2nd Respondent had then, referred the dispute to the 1st Respondent who had then referred it to the 3rd Respondent for arbitration; and that consequent to an inquiry held by him, the 3rd Respondent had made his arbitral award (ෙප2), by which the Appellant was held liable to pay the 2nd Respondent a sum of Rs. 666779.54/-; and that being aggrieved by the said arbitral award, the Appellant had then preferred an appeal to the 1st Respondent against the arbitral award and deposited only Rs.50/- and the Appellant had thereby, failed to deposit 10% of the value of the Arbitral Award (ෙප2) as required by Rule 49(xii)(a) of the Co-operative Societies Regulations 1973 read in conjunction with section 72(2) of the Central Province Co-operative Societies Statute of No. 10 of 1990 as amended; and that the 1st Respondent had by letter dated 06.05.2015 (ෙප7), informed the Appellant that his appeal was rejected for; he had failed to deposit the required amount; and that the Appellant had then made an application to the High Court of the Central Province holden in Kandy praying for orders in the nature of a writ of certiorari to quash the said decision of the 1st Respondent contained in (ෙප7 and a writ of Mandamus; and that the learned High Court Judge had dismissed the application by holding that the Appellant had failed to deposit the minimum required amount resulting in the rejection of the appeal for; Court had in Sebastian Fernando Vs. Katana Multi-purpose Co-Operative Society LTD and Wijesekara Subsinghe Siripala vs. Elpitiya Multi-purpose Co- Operative Society LTD cited to Court by the Appellant in support of his application, not pronounced a mandatory order and hence, it appears that the real intention of the Appellant was to delay the payment of said sums of monies. It was in this premise, the High Court had dismissed the instant application. Hence, this Appeal on the grounds of appeal urged by the Appellant in paragraph 7(අ),(ආ),(ඇ) and (ඈ) among any other grounds of appeal that may
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