Colombo District Judge Sandun Vithana recently issued an order vacating the ex-parte injunction previously granted against Automobile Association of Ceylon (AAC). The order was issued subsequent to the submissions made by the Counsel representing the Association, Executive Committee Members and Secretary.
This was in respect of Keerthi Gunawardena, former Vice President of the Association moving court against the AAC. Gunawardena obtained an ex-parte injunction that temporarily suspended the Association’s decision to terminate his Membership.
The Association’s Counsel told the court that Gunawardena had conducted himself in a manner undesirable and unbecoming of a Member at the 119th A.G.M. of the Association.
It was also noted that there were 37 formal complaints from Members regarding the incident in question. It was also emphasized that the termination of the Membership of Keerthi Gunawardena was made in strict accordance with the Consolidated Revised Rules in force at the Association. The Defence also argued that Gunawardena had provided misleading information to the Courts when seeking ex-parte injunction.
After carefully considering the submission from all parties the D.C. determined that the plaintiff had both suppressed and misrepresented material facts when he initially approached the Courts for relief.
It concluded that the ex-parte injunction should be vacated, thereby allowing the Association’s original membership termination decision to stand.
For the A.A.C. Kuvera De Zoysa P.C. led the team supported by Attorneys-at-Law Samuditha Kumarasinghe and Sanjana De Zoysa instructed by Attorney-at-Law Sanjay Fonseka.
For Association President Dhammika Attygalle, Ikram Mohamed P.C. appeared with Attorney-at-Law Charitha Wickrema. For the Executive Committee Members Chandaka Jayasundera, P.C. with Attorney-at-Law Imaz Imthiyaz, for the Association Secretary, Devapriya Hettiarachchi, Sanjay Rajaratnam P.C. appeared with Attorney at Law E.S.Jayasinghe.
The Plaintiff Gunawardena was represented by Attorneyat-Law Asthika Devendra instructed by W.M.D.M.B. Wasala.