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Cricket Board case put off for July 7 (2 July 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