Sri Lanka Co-operative Marketing Federation Ltd. v. The State Trading Corporation of India – sllr 2012 volume 1 page 279
In the case between SRI LANKA CO-OPERATIVE MARKETING FEDERATION LTD. (plaintiff) and THE STATE TRADING CORPORATION OF INDIA (defendant), the court addressed the issue of whether an execution application (writ pending appeal) should be allowed prior to the expiry of the appealable period, and examined the statutory limitation period applicable under the Civil Procedure Code and the Prescription Ordinance in relation to written contracts and goods delivered. The court held that only ordinary losses were demonstrated and the required threshold for extraordinary losses for altering a security order was not met, thereby upholding the Commercial High Court’s order for security and dismissing the appeal. The decision reaffirmed the principle that the grant of writ pending appeal and the quantum o

