Polgampola Ralalage Janaka Kulathilaka Bandara Vs. Alliance Finance Company Limited – CA PHC APN NO. 73/2012-2012

In the case between Alliance Finance Company Limited (petitioner) and Polgampola Ralalage Janaka Kulathilaka Bandara (respondent), the court considered an application for Leave to Appeal under section 37(2) of the Arbitration Act No. 11 of 1995, relating to arbitration proceedings initiated by the petitioner. At the hearing, an application was made by counsel for the petitioner to withdraw the petition. The court granted this application and dismissed the petition. It was established that procedural fairness and judicial discretion allow for the withdrawal and dismissal of proceedings when explicitly requested by a party, reinforcing the importance of due judicial process and party autonomy in the context of arbitration-related litigation.

Sisira De Abrew J. — After consideration of the