Hewaperuma Kapugamage Champika Jayanath vs P. Manamperi – CA PHC 237/2004-2018

In the case between Hewaperuma Kapugamage Champika Jayanath (“Wijaya”, Urugamuwa) and P. Manamperi, Assistant Co-operative Commissioner, the court addressed the legal authority of the Assistant Co-operative Commissioner to file a certificate in the Magistrate’s Court to enforce an arbitral award under the Co-operative Societies Law, the arbitrability of disputes involving alleged misappropriation, and the permissible scope of objections before the Magistrate’s Court. It was held that challenges to the authority behind the certificate or to the merits of arbitration could not be entertained at the enforcement stage; only jurisdiction, payment, or identification objections were allowed, as established by statute and precedent. The findings confirmed the respondent’s authority under the relev

REF: CA PHC 237/2004-2018 Category: Tag:
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