Ambawa Thrift Credit Co-operative Society v. D. M. Sumana Dasanayake – CA [PHC] NO.168/2011-2015

In the case between Ambawa Thrift Credit Co-operative Society, Ambawa, Kuliyapitiya (Appellant) and D. M. Sumana Dasanayake, Siripallawatta, Ambawa, Kuliyapitiya (Accused-Respondent-Respondent), with the Co-operative Development Commissioner, Kuliyapitiya (Plaintiff-Respondent-Respondent), the court addressed whether liability under an arbitral award owed to a co-operative society persists after imprisonment for default in payment, and whether the Magistrate is empowered to pursue further recovery post-imprisonment. It was held that completion of a term of imprisonment for default in payment of a court-imposed fine does not discharge the monetary liability arising from an arbitral award. The principle reaffirmed is that recovery mechanisms, including distress and sale of movable property,