Seemasahitha Wariyapola Multi-Purpose Co-Operative Society vs. Pathiraja and Others – sllr 2020 volume 2 page 145
In the case between Seemasahitha Wariyapola Multi-Purpose Co-operative Society and Pathiraaja and others, the court examined whether a certificate issued under section 59(1)(c) of the Co-operative Societies Act may encompass principal (capital outstanding), interest, and costs, or is restricted to principal only. The dispute centered on the statutory interpretation of “the amount due” in section 59(1), specifically in context of recovery procedures following an arbitrator’s award. The High Court concluded that only the principal amount could be recovered, quashing the certificate to the extent it included interest and costs. On appeal, extensive analysis of legislative intent and statutory language was undertaken, and it was held that the term “the amount due” under the Act incorporates pr

