AIRPORT AND AVIATION SERVICES (SRI LANKA) LIMITED VS. BUILDMART LANKA (PVT.) LIMITED

AIRPORT AND AVIATION SERVICES (SRI LANKA) LIMITED
VS. BUILDMART LANKA (PVT.) LIMITED

SUPREME COURT
DR. SHIRANI BANDARANAYAKE, J.,
RATNAYAKE, J. AND
EKANAYAKE, J.
S. C. (HC) L.A. NO. 4/2009
H. C. APPLICATION NOS. HC/ARB 998/2006 & 1249/2007
(Consolidated in terms of Section 35 of the Arbitration Act)
MARCH 23RD, 2010

Arbitration Act - Section 31 - Application for filing and enforcement of award - Section 32 - Application for setting aside an arbitral award - Oaths and Affirmation Ordinance - Section 12(2) proviso - Question of legal validity of an affidavit - Affidavit sworn before the deponent's own Attorney - Supreme Court Rules 6 - Civil Procedure Code - Section 437- Notaries ordinance Section 31, Section 32, Section 33.

This is an application for leave to appal from a judgment of the High Court (Colombo). When the application came up for support before the Supreme Court, the Respondent took up a preliminary objection on the ground that the affidavit filed by the Petitioner is not in accordance with the proviso to Section 12(2) of the Oaths and Affirmations Ordinance and therefore the s

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