An action filed against Sri Lanka Cricket (SLC) by Triumphal Trading and Consultancy Services (Pvt) Ltd was dismissed by the Judge of the Commercial High Court Hon. M. S. K. B. Wijeratne by judgment dated 11th September 2020, upholding a Preliminary question of law raised by the Counsel for SLC.
The Plaintiff Company claimed that it had agreed with the Defendants to execute certain civil construction work in the Mahinda Rajapaksha Cricket ground at Sooriyawewa, Hambanthota. The Plaintiff Company had annexed several documents including invoices issued in year 2009 seeking to, inter alia, recover Rs. 16,338,876.92/- together with interest thereon. The Counsel for SLC upon raising the said preliminary issue, brought to the attention of the Court that the cause of action of the Plaintiff could not be maintained.
The Learned Judge of the Commercial High Court upon hearing all the parties held that the Plaintiff’s cause of action is clearly prescribed on the face of the Plaint itself and accordingly dismissed the case subject to tax cost on the said preliminary question of law.
The Defendants who were the representatives of Sri Lanka Cricket were represented by the Attorneys-at-Law Isuru Balapatabendi and Charaka Jayaratne.