Cricket Board case put off for July 7 (2 July 1999)
The Cricket Board case which came up before the Court of Appeal yesterday was put off for July 7th, after Mr
02-Jul-1999
2 July 1999
Cricket Board case put off for July 7
Rodney Martinesz
The Cricket Board case which came up before the Court of Appeal
yesterday was put off for July 7th, after Mr. Romesh de Silva PC,
Senior Counsel for Clifford Ratwatte refused to proceed on the
grounds that the documents tendered to him by the petitioners were
not in order.
Mr. de Silva demonstrated to court that the according to his service
papers the petitioners have not sworn the affidavits and that the
affidavits have been sworn by persons other than the petitioners.
Given the chaotic state of affairs, he was not in a position to
continue with the case until proper documents are furnished for him,
Mr. de Silva stated.
The Bench comprised Justices P. Edussuriya, President of the Court of
Appeal and K. Udalagama.
Mr. K. N. Choksy PC Senior Counsel for Thilanga Sumathipala, former
President of BCCSL, and Anuruddha Polonnowita Ex-Co Member indicated
that the matter was being exaggerated since what was being canvassed
are, the same case and the same issues where the same names are
involved. He said if there had been a mix up the responsibility lies
with the registrar "where I am concerned, the documents served are in
order."
Mr. H. L. de Silva PC appeared for Saliya Ahangama and 11 other Ex-co
members. At the outset when the two Revision Applications filed by
petitioners came up for hearing Mr. de Silva took up a preliminary
objection that since the petitioners have already filed leave to
appeal applications in respect of the same matters, the Revision
Applications cannot be maintained in law and therefore should be
dismissed.
Petitioners' counsel conceded this point and both petitioners
withdrew the Revision Applications and the court proforma dismissed
the Revision Applications.
When the Leave to Appeal Applications were taken up for hearing, Mr.
de Silva made his objections that both applications were not in order
since the names in the petitions and affidavits did not tally.
Having perused the court record, Justice Edussuriya informed
petitioners' counsel that the court briefs too did not contain the
proper affidavits and therefore made an order to serve proper
petitions and affidavits and for re-fixing the matter for support on
7.7.99.
At the end of the proceedings, Justice Udalagama turning to the file
Number of the case which was 569 of 99 remarked "what a good score to
have on our scoreboard".
Mr. Romesh de Silva: Provided we had good cricketers.
Mr. S. L. Gunasekera (Counsel for Thilanga Sumathispala): This score
in for 1999. It is a sign of things to come.
In this case Mr. Thilanga Sumathipala, former president of the BCCSL
and Anuruddha Polonnowita Ex-co member, together with Saliya Ahangama
and 11 others are appealing against the Interim Injunction issued by
the Colombo District Court which debars them from holding office in
the BCCSL.
Mr. H. L. de Silva PC. with S. L. Gunasekera, Ronald Perera
instructed by Paul Ratnayake Associates appeared for Saliya Ahangama
and 11 others.
Mr. K. N. Choksy PC, with L. C. Seneviratne PC, Ronald Perera, Binara
Gunasekera instructed by Paul Ratnayake Associates appeared for
Thilanga Sumathipala and Anuruddha Polonnowita.
Mr. Romesh de Silva PC with Palitha Kumarasinghe, Harsha Amerasekera,
and Sugath Caldera instructed by G. G. Arulpragasam appeared for the
Plaintiff respondent Clifford Ratwatte.
Source :: The Daily News