Hewage Sarath Karunawansha v. Commissioner of Co-operative Development (Western Province) et al. – CA PHC/106/2006-2017

In the case between Hewage Sarath Karunawansha (Appellant) and the Commissioner of Co-operative Development (Western Province), W D Yasarthna (Arbitrator), and Moratuwa Multi Purpose Co-Operative Society Ltd. (Respondents), the court addressed the issue of whether the Provincial High Court correctly denied the Petitioner’s application for a writ of certiorari to quash an arbitration award. It was held that the application was properly refused, as the Appellant had already exhausted available appeal rights and showed unreasonable delay (laches) in seeking the writ. The decision reaffirmed that extraordinary remedies such as certiorari are not available where alternative remedies are exhausted and undue delay is present, emphasizing judicial caution against interfering with lower court decis

REF: CA PHC/106/2006-2017 Category: Tag:
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