BCCSL AGM order reserved for today (7 April 1999)

7 April 1999

BCCSL AGM order reserved for today

Rodney Martinesz

The Colombo District Judge A. M. A. Salam reserved his order for today (7th) on whether current President of the Board of Control for Cricket in Sri Lanka Thilanga Sumathipala and 11 others could be heard before an enjoining order could be issued preventing them from functioning as office-bearers of the BCCSL.

Court will also deliver its order on the enjoining order brought against Mr. Sumathipala by Mr. Clifford Ratwatte who challenged the latter to the post of President BCCSL.

The plaint filed by Clifford Ratwatte sought a declaration that the purported meeting of the BCCSL held on March 28 was illegal, wrongful and null and void.

The petitioner also sought an order restraining the new officebearers at the purported meeting from carrying on their functions or holding office until the final determination of the case.

The District Judge who heard submissions of the petitioner exparte reserved order for yesterday (6th).

In the meantime counsel for the defendants filed a motion before court praying that they be granted an opportunity to be heard before delivery of the enjoining order. Mr. L. C. Seneviratne, PC senior counsel for Mr. Sumathipala submitted that an enjoining order could be issued if there is any prejudice caused by the delay in the inquiry into the injunction.

However no such prejudice has been pleaded in the petition while most office-bearers had served even in the last year, counsel submitted.

Mr. Palitha Kumarasinghe appearing for Clifford Ratwatte told court that once the submission of the plaintiff is concluded and the matter is reserved for order the defendants are not entitled to be heard as a matter of right. He said in any event even the court has the discretion to give a hearing to the defendant at this stage of the submissions. The defendant has no right to make an application to be heard after the conclusion of the submissions in an application for an enjoining order.

Mr. Romesh de Silva, PC with Palitha Kumarasinghe, Harsha Amarasekera instructed by G. G. Arulpragasam appeared for the petitioner Clifford Ratwatte.

Mr. L. C. Seneviratne, PC with S. L. Gunasekera, Ronald Perera, Hemanka de Alwis instructed by Chandana Perera appeared for the defendants Tilanga Sumathipala and 11 others.

Source :: Daily News (https://www.lanka.net)