COURT OF APPEAL
Hon. Dr. Sumudu Premachandra J.
Sherrene Patience Christabel Fernando Wijeyaratne – Appellant
Versus
Mithuro Café (Pvt) Ltd. and others – Respondent
CA/INJ/07/2023
IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for Injunctions under and in terms of Article 143 of the Constitution of the Democratic Socialist Republic of Sri Lanka.
Sherrene Patience Christabel Fernando Wijeyaratne, No.716/3, D.P. Wijesinghe Mawatha, Pelawatta, Battaramulla. PETITIONER Case No.CA/INJ/07/2023 Vs.
1. S and L Investments (Pvt) Ltd., No.28, Elibank Road.
Colombo 05.
2. S and L Property Management (Pvt) Ltd., No.13, Dickman’s Lane, Colombo 04.
3. Ceylinco Ltd., Ceylinco House, No.69, Janadipathi Mawatha, Colombo 01.
4. Naullage Lalith Amarasinghe, No. 90/A/12B, Midland Watta, Seeduwa Road, Kotugoda.
5. Kankanamge Sarath Dharmasiri Priyanjana Wanniarachchi, No.104/93, Sri Bodhi Place, Janaraga Mawatha, Colombo Road, Gampaha.
6. Godellawatta Arachchige Nishmi Rasangika, No.295/03, 2nd Lane, Samagi Mawatha, Hewagama, Kaduwela.
7. Palenda Liyanage Saman Kumara, No.507/A16, Privilege Homes, Maharagama Road, Arangala, Malabe.
8. Nirosha Priyadarshanie Daundage, No.72, Yogasrama Mawatha, Thelawala, Mount-Lavinia.
9. Halpandeniyage Dinesh Sandaruwan Jayaweera, No.160 B, Perakum Mawatha, Bangalawatta, Kottawa.
10. Hewa Pathiranage Chandi Rasika, No.224, Aruggoda Road, Alubomulla.
11. Liyana Arachchige Anjantha Kumudini Liyanarachchi, In front of the Temple, Ihala Bopitiya, Pelmadulla.
12. Mithuro Café (Pvt) Ltd., No.09, R.A.De Mel Mawatha, Colombo 4.
13. Climax Consultants (Pvt) Ltd., No.13, Dickman’s Lane, Colombo 4.
RESPONDENTS AND NOW In the matter of a motion filed under and in terms of Section 9 of the Contempt of a Court, Tribunal or Institution Act. No.8 of 2024 read together with Article 105 of the Constitution of the Democratic Socialist Republic of Sri Lanka.
Sherrene Patience Christabel Fernando Wijeyaratne, No.716/3, D.P. Wijesinghe Mawatha, Pelawatta, Battaramulla.
PETITIONER Vs.
1. Mithuro Café (Pvt) Ltd., No.09, R.A. de Mel Mawatha, Colombo 04.
2. Nirosha Priyadarshanie Daundage, No.72, Yogasrama Mawatha, Thelawala, Mount-Lavinia.
3. Daundage Asela Sanjeewa, No.72, Yogasrama Mawatha, Telawala, Mount-Lavinia.
4. Kaburawala Withanaga Nimantha Shehan Withanage, No. 195 B/2, Gramodaya Mawatha, Lihiniywawa, Meegahathanna.
CONTEMNOR-RESPONDENTS Before: R. Gurusinghe J.
&
Dr. Sumudu Premachandra J.
Counsel: Eraj De Silva PC with Daminda Wijayaratne, Zul Luthufi, Instructed by Vidanapathirana Associates for the Petitioner.
Ali Sabry PC with Shehani Alwis and Vimukthi Karunarathna for the Respondents, Written Submissions: Written Submissions on behalf of the 7th and 8th Respondents on 16th July 2025.
Written Submissions on behalf of the 3rd to 6th Respondents filed on 14th July 2025.
Written Submissions on behalf of the 1st, 2nd and 3rd Contemnor Respondents filed on 14th July 2025. Written Submissions of the Petitioner – Not filed.
Inquiry held On: 26/06/2025. Order On: 28/08/2025.
Order on Recalling Contempt Summons
1] The Petitioner, filed a motion under and in terms of Section 9 of the Contempt of a Court, Tribunal or Institution Act. No.8 of 2024 read together with Article 105 of the Constitution of the Democratic Socialist Republic of Sri Lanka against Contemnor Respondents.
2] The Petitioner states that they were a depositor of Golden Key Credit Card Company Ltd. (GKCCCL) and a party in SC (FR) 191/2009 before the Supreme Court, which declared that the Petitioner-Respondent and her daughters had no valid shareholding or directorship in the 1st and 2nd Respondent Companies. The Supreme Court ordered that all such shares be transferred to a Special Purpose Vehicle (SPV) to settle depositors’ funds, nullified any contrary transactions, and directed the Attorney General to take action against any obstruction. The SPV was later dissolved, and its assets were transferred to GKCCCL solely for the purpose of settling deposits. The Petitioner alleges that the Petitioner-Respondent has misled the Court by falsely claiming ownership and initiating this case in bad faith, despite clear Supreme
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