Harischandra Peiris v. Hemachandra Peiris – sllr 1994 volume 2 page 349

In Harischandra Peiris (Plaintiff) v. Hemachandra Peiris (Defendant), the court addressed whether a District Judge, pursuant to a settlement agreement between the parties, acted as an arbitrator rather than as a judicial officer regarding disputes over certain company assets. It was determined that by express agreement in settlement “P1”, any controversy regarding the Third Respondent Company’s assets would be decided by the District Judge acting in the capacity of an arbitrator. The appeal was dismissed on the ground that the District Judge, when acting in accordance with the agreement, did not exercise judicial functions but arbitral authority, rendering the decision final and non-appealable. The findings relied upon established precedent, including Mudalihamy v. Appuhamy and Thangarajas