Sumith A. De. Silva et al. vs. Dinesh Hettiarachchi et al. – CA CASE NO: RII 07/2021-2022

In the case between Sumith A. De Silva (Chairman, Kalutara Co-Operative Distilleries Society Limited, among others) and Dinesh Hettiarachchi (Chief Executive Officer) and Invest Lanka Investment Co. (Private) Limited, the court addressed the issue of whether the Petitioners were entitled to invoke the Court of Appeal’s restitutionary jurisdiction or revision with respect to Magistrate’s Court orders restoring the Respondents to possession of a distillery. It was determined that the foundational preconditions for the Magistrate’s jurisdiction under Section 66(1)(b) of the Primary Courts’ Procedure Act were not satisfied, as the dispute originated from a commercial agreement rather than a dispute affecting land or involving a genuine threat of breach of the peace. The Magistrate’s orders res