IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Appeal from the Judgment dated 1st October 2009.

Censtar International (Pvt) Ltd, No 320A, Dehiwala Road, Bellanwilla.

Plaintiff Vs.

Distilleries Company of Sri Lanka PLC P.O. Box 1756, No.110, Norris Canal Road, Colombo 10 Defendant AND NOW Distilleries Company of Sri Lanka PLC P.O. Box 1756, No.110, Norris Canal Road, Colombo 10 Defendant- Appellant Vs.

Censtar International (Pvt) Ltd, No 320A, Dehiwala Road, Bellanwilla.

Plaintiff- Respondent BEFORE: HON. P.PADMAN SURASENA, CJ, HON. YASANTHA KODAGODA, PC, J, HON. KUMUDINI WICKREMASINGHE, J COUNSEL: S.A. Parathalimgam, PC with N.R. Sivendran and Nishkan Parathalingam and Renuka Udumulla instructed Ms. V.J. Senaratne for the Defendant- Appellant.

Dr. Romesh de Silva, PC with Sugath Caldera for the Plaintiff- Respondent.

WRITTEN SUBMISSIONS: Pre Argument Written Submissions by the Defendant-Appellant on 09.10.2012.

Pre Argument Written Submissions By the Plaintiff-Respondent on

24.03.2023.

ARGUED ON: 24.10.2023 DECIDED ON: 07.10.2025 K. KUMUDINI WICKREMASINGHE, J.

This is an appeal from a judgment of the High Court of the Western Province holden in Colombo (Exercising its Civil Jurisdiction), dated

25.11.2009.

The Plaintiff-Respondent (hereinafter referred to as the “Respondent”) instituted the initial action before the High Court of the Western Province holden in Colombo (Exercising its Civil Jurisdiction) (Commercial High Court), against the Defendant-Appellant-

(hereinafter referred to as the “Appellant”).

The Respondent instituted this action on 29 July, 2005 against the Appellant upon three (3) causes of action together with an alternative cause of action on the basis that a sum of Rs.17,982,358.38 is due in respect of goods sold and delivered and for a further cause of action for loss and damage being 30% of Rs.17,982,358.38 per annum from

1st October, 2004.

The Respondent on or about 3rd August, 2004 at the request of the Appellant sold and delivered to the Defendant-Appellant the empty glass bottles at the specifications specified in and at the prices stated in the invoice dated 3rd August, 2004. A true copy of the said invoice was annexed to the Plaint marked "P1" (page 48/64 of the Brief). The said document was marked in evidence as "P2" - (page 87/110 of the Brief).

The Appellant had failed and/or neglected to pay the Respondent the said sum of Rs.6,341,511.60 or any part thereof though thereto obliged and though thereto demanded. The Respondent on or about 27th August, 2004 at the request of the Appellant sold and delivered to the Appellant empty glass bottles at the specifications specified in and at the price stated in the invoice dated 27th August, 2004. A true copy of the said invoice was annexed to the Plaint marked "P2" (page 49/65 of the Brief). The said document was marked in evidence as "P4" - (page 98/121 of the Brief). The Appellant failed and/or neglected to pay the Respondent the said sum of Rs.1,933,656.20 or any part thereof though obliged and demanded.

The Respondent on or about 1st September, 2004 at the request of the Appellant sold and delivered to the Appellant the empty glass bottles at the specifications given in and at the price stated in the invoice dated 15th September, 2004. A true copy of the said invoice was marked "P3" (page 50/66 of the Brief). The said document was marked in evidence as "P6" - (page 103/126 of the Brief).

The Appellant had failed and/or neglected to pay the Respondent the said sum of Rs.9,707,190.58 or any part thereof though obliged and demanded. The Respondent on or about 1st September, 2004 at the request of the Appellant sold and delivered to the Appellant empty glass bottles at the specifications given in and at the price stated in the invoice dated 1st September, 2004. A true copy of the said invoice was annexed to the Plaint marked "P3" (page 50/66 of the Brief). The said document was marked in evidence as "P6" - (page 103/126 of the Brief