Industrial Development Board of Ceylon vs Ratna Sabapathi Sivamayam – CA PHC 156/2005-2012

In the case between the Industrial Development Board of Ceylon and Ratna Sabapathi Sivamayam (Kandy Industrial Enterprises), I. Nilabdeen, and Samsudeen Mohamed Alli, the court addressed whether the appeal by the Industrial Development Board of Ceylon should proceed or be withdrawn following a motion by the appellant. The court held that leave for withdrawal of the appeal was granted, with further instructions to notify the relevant court of this decision, reaffirming the procedural principle that an appellant may withdraw an appeal by leave of the court upon application. This determination was made in absence of both parties at the hearing and emphasizes the importance of procedural compliance and registry notification in appellate proceedings.

Rohini Marasinghe J. — Upon consideration