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SEEMASAHITHA WARIYAPOLA MULTI-PURPOSE CO-OPERATIVE SOCIETY VS. PATHIRAJA AND OTHERS


SEEMASAHITHA WARIYAPOLA MULTI-PURPOSE CO-OPERATIVE SOCIETY

SEEMASAHITHA WARIYAPOLA MULTI-PURPOSE CO-OPERATIVE SOCIETY

Vs.

PATHIRAJA AND OTHERS

COURT OF APPEAL
GOONERATNE, J.
DR. FERNANDO, J.
CA/PHC/57/2016A AND CA/PHC/57/2016
HG KURUNEGALA HCW/1/2014
SEPTEMBER 25, 2020

Co-operative Societies Law, No. 5 of 1972,sections 58(2), 59(1), 59(4)-Recovery of money under arbitral award-Whether certificate issued to the Magistrate in terms of section 59(1)(c) can include interest component and costs-Meaning of "amount due''-lntention of the legislature-Purposive interpretation

The respondent was an employee of the 2nd appellant Wariyapola Multi-Purpose Co-operative Society Ltd. The 1st appellant Assistant Commissioner of Co-operative Development referred a dispute between the respondent and the 2nd appellant to an arbitrator in terms of section 58(2) of the Co-operative Societies Law, No. 5 of 1972, as amended. The arbitrator made an award to the effect that the respondent was liable to pay the 2nd appellant a sum of Rs. 160,131.62 together with interest thereon at a rate of 20% per annum until the sum was paid in full. The respondent failed to comply with the award and t











































































































































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