Wajira Prabath Wanasinghe v. Janashakthi Insurance Company Limited – HC CIVIL 689/2010 MR -2014

In the case between Wajira Prabath Wanasinghe (Plaintiff-Petitioner) and Janashakthi Insurance Company Limited (Defendant-Respondent), the court addressed whether an application for leave to appeal could proceed, considering objections regarding prior invocation of appellate jurisdiction and the appropriate procedural route under the Arbitration Act. It was held that the preliminary objections were not sustained, as the necessary appellate procedure under the Civil Procedure Code and the High Court of the Provinces (Special Provisions) Act had not yet been properly invoked at the time of the application. The impugned order was further determined to be challengeable by leave to appeal, not solely by final appeal. The decision reaffirmed the principle that filing a Notice of Appeal alone doe