IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the Appeal against the Judgment dated 13/06.2016 by the High Court of Kurunegala in case number HCW/

11/2014.

Court of Appeal Case No:

CA (PHC) 115/2016 W.A.D. Shantha Upul Kumara, Halmillagaswewa, PHC of North-Western Province Wilpatha, Chilaw.

holden in Kurunegala Case No:

HCW/11 /2014 PETITIONER Vs

1. Commissioner of Cooperative Development, (North Western Province)

Department of Co-operative Development, 1st Floor, Office Complex of the North Western Provincial Council, Kurunegala.

2. Assistant Commissioner of Co-operative Development, Office of Assistant Commissioner of Co-operative Development, Chilaw.

3. A. Geeman Appuhami, Arbitrator, Pattiyagama, Madampe.

4. Arachchikattuwa Multi-purpose Co-

operative Society Ltd.

RESPONDENTS AND NOW BETWEEN W.A.D. Shantha Upul Kumara, Halmillagaswewa, Wilpatha, Chilaw.

PETITIONER-APPELLANT Vs

1. Commissioner of Cooperative Development, (North Western Province)

Department of Co-operative Development, 1^st Floor, Office Complex of the North Western Provincial Council, Kurunegala.

2. Assistant Commissioner of Co-operative Development, Office of Assistant Commissioner of Co-operative Development, Chilaw.

3. A. Geeman Appuhami, Arbitrator, Pattiyagama, Madampe.

4. Arachchikattuwa Multi-purpose Co-

operative Society Ltd.

RESPONDENT-RESPONDENTS Before: Prasantha De Silva, J.

K.K.A.V. Swarnadhipathi, J.

Counsel: Chandana Wijesooriya AAL, for the Petitioner-Appellant.

Shemanthi Dunuwila, SC for the Respondent – Respondent.

Written Submissions: Written submissions filed on 10/07/2023 and 16/06/2020 by Petitioner-Appellant.

filed on Written submissions filed on 30/11/2022 by 1st and 2nd Respondent-

Respondent.

Delivered on: 02.08.2023 Prasantha De Silva J., Judgment This appeal from the Order/Judgment of the Provincial High Court of the Provincial High Court of the North-Western Province holden at Kurunegala exercising Writ Jurisdiction in Application bearing No. HCW/11/2014.

It appears that the said application was made by W.A.D Shantha Upul Kumara, against the 1st, 2nd,3rd, and 4th Respondents seeking to set aside the Order/Judgment dated 13.06.2016 by the learned Provincial High Court Judge and had sought a Writ of Certiorari to quash the decision and award made by the Commissioner of co-operative societies (North-Western) dated 22.01.2014.

The Petitioner-Appellant was employed as the Manager of the Distribution Division of the products of ‘Swadesh section’ at the Arachchikattuwa Multipurpose Cooperative Society Limited, during the period of 16.09.2055 to 02.08.2010. The Petitioner-Appellant [hereinafter sometimes referred to as the Appellant] was interdicted on 02.08.2010 due to an alleged shortage of goods worth of Rs.

2,418,793.00.

Thereafter, the 4th Respondent-Respondent [hereinafter referred to as the 4th respondent] sent a letter of demand [P2] on 14.09.2010 requesting Petitioner-Appellant to pay Rs. 2779196.20 on

05.10.2010 before 12 noon, which is due to the 1^st Respondent society.

Since the Petitioner-Appellant had refused to pay the said sum, the matter was referred to an arbitrator by the 1^st Respondent. Subsequently, the said arbitration proceedings were terminated on the application of the 4th Respondent to withdraw the plaint for the purpose of amending it with the permission of the Arbitrator. Thereafter, the 4^th Respondent sent the 2^nd letter of demand on 22.07.2011 claiming a sum of Rs. 2649694.09 to be recovered from the Appellant. Since the Appellant had refused to pay the said amount the matter was referred to an Arbitrator to initiate proceedings in case no. Halawatha/7423.

The arbitration commenced on 07.12.2011 before the 3^rd Respondent-Respondent [hereinafter referred to as the 3^rd Respondent]. Apparently, the 4^th Respondent society led evidence of 7 witnesses and each of them were subjected to lengthy cross-examination.

According to the document marked "P5", the Co-operative Society sought to recover the following amounts from