IN THE SUPRME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for Leave to Appeal under and in terms of Article 128 (4) of the Constitution against an Order of the High Court of the Western Province Sitting in Colombo in the exercise of its Civil Jurisdiction in terms of Section 5(2) of the High Court of the Provinces (Special Provisions) Act No: 10 of 1996 as amended from the Order dated 14.05.2013.

SC Appeal 80/2015

1.People’s Merchant PLC, SC/HC/LA Application Formerly known as No: 31/2013 HC (Civil) Case No: 220/2011/MR People’s Merchant Bank PLC, No:21, Nawam Mawatha, Colombo 02.

Formely at Level 2, Hemas Building, Braybrooke Place, Colombo 02.

2.PMB Financial Services (Private) Limited, Formerly known as PMB Credit Card Company Limited, No: 21, Nawam Mawatha, Colombo 02. Formerly at Level 2, Hemas Building, Braybroke Place, Colombo 01.

Plaintiffs Vs

1.ABC Credit Card Company Limited, No: 117, Hunupitiya Lake Road, Colombo 02.

2. Navigation Maritime Colombo (Private) Limited, 14^th Floor, East Tower, World Trade Centre, Echelon Square, Colombo 01.

(Presently No: 117, Hunupitiya Lake Road, Colombo 02.)

3. Tholkamudiyanselage John Shiran Indranath Dissanayake, No: 21, Simon Hewavitharana Road, Colombo 03. Defendants AND NOW BETWEEN ABC Credit Card Company Limited, No: 117, Hunupitiya Lake Road, Colombo 02.

1^st Defendant – Appellant Vs.

1. People’s Merchant PLC, Formerly known as People’s Merchant Bank PLC, No. 21, Nawam Mawatha, Colombo 02. Formerly at Level 2, Hemas Building, Baybrooke Place, Colombo 02.

2. PMB Financial Services (Private) Limited, Formerly known as PMB Credit Card Company Limited, No: 21, Nawam Mawatha, Colombo 02. Formerly at Level 2, Hemas Building, Baybrooke Place, Colombo 02.

Plaintiffs-Respondents 3. Navigation Maritime Colombo (Private) Limited, 14^th Floor, East Tower, World Trade Center, Echelon Square, Colombo 01.

(Presently No: 117, Hunupitiya Lake Road, Colombo 02.)

2nd Defendant- Respondent 4.Tholkamudiyanselage John Shiran Indranath Dissanayake, No: 21, Simon Hewavitharana Road, Colombo 03.

3rd Defendant- Respondent AND

1. People’s Merchant PLC, Formerly known as People’s Merchant Bank PLC, No:21, Nawam Mawatha, Colombo 02.

Formely at Level 2, Hemas Building, Braybrooke Place, Colombo 02.

2.PMB Financial Services (Private) Limited, Formerly known as PMB Credit Card Company Limited, SC Appeal 81/2015 SC/HC/LA Application No: 21, Nawam Mawatha, No: 31/2013 Colombo 02. HC (Civil) Case No: 220/2011/MR Formerly at Level 2, Hemas Building, Braybroke Place, Colombo 01.

Plaintiffs Vs.

1.ABC Credit Card Company Limited, No: 117, Hunupitiya Lake Road, Colombo 02.

2. Navigation Maritime Colombo (Private) Limited, 14th Floor, East Tower, World Trade Centre, Echelon Square, Colombo 01.

(Presently No: 117, Hunupitiya Lake Road, Colombo 02.)

3. Tholkamudiyanselage John Shiran Indranath Dissanayake, No: 21, Simon Hewavitharana Road, Colombo 03. Defendants AND NOW BETWEEN Navigations Maritime Colombo (Private) Limited

14^th Floor, East Tower, World Trade Centre, Echelon Square, Colombo 01.

1^st Defendant – Appellant Vs

1. People’s Merchant PLC, Formerly known as People’s Merchant Bank PLC, No. 21, Nawam Mawatha, Colombo 02.

Formerly at Level 2, Hemas Building, Baybrooke Place, Colombo 02.

2. PMB Financial Services (Private) Limited, Formerly known as PMB Credit Card Company Limited, No: 21, Nawam Mawatha, Colombo 02.

Formerly at Level 2, Hemas Building, Baybrooke Place, Colombo 02.

Plaintiffs-Respondents ABC Credit Card Company Limited, No: 117, Hunupitiya Lake Road, Colombo 02.

1st Defendant- Respondent AND

1.People’s Merchant PLC, Formerly known as People’s Merchant Bank PLC, No:21, Nawam Mawatha, Colombo 02.

Formely at Level 2, Hemas Building, Braybrooke Place, Colombo 02.

2.PMB Financial Services (Private) Limited, Formerly known as PMB Credit Card Company Limited, SC Appeal 82/2015 SC/HC/LA Application No: 21, Nawam Mawatha, No: 31/2013 Colombo 02. HC (Civil) Case No: 220/2011/MR Formerly at Level 2, He