Colombo District Court Judge Sandun Vithana, on Friday (28th February) dismissed a Plaint filed by Deputy Principal, Mahanama Vidyalaya, Colombo 3 against the office-bearers of the Sri Lanka Schools Cricket Association (SLSCA) including its Acting President Thilak Waththuhewa, Secretary and Treasurer and vacated an enjoining order obtained on February 11 by which the Plaintiff had sought an Interim Injunction preventing the playing of the semi-final in the Under-19 Division 1 schools cricket tournament between Trinity College, Kandy and Royal College, Colombo.
The Plaintiff on behalf of Mahanama Vidyalaya had filed this action complaining about the quarter-final match which they played against Trinity College, stating that on the second date of the match there was improper use of the rollers and had as such refused to continue the match even after the Trinity batsmen had arrived at the crease.
The officials of SLSCA had thereafter awarded the match to Trinity College who had already secured a 1st Innings victory by scoring 141/5 in response to Mahanama’s 74 all-out. The SLSCA had made applications to Court stating that the action had been on a wrongful legal and factual basis as the Plaintiff had no standing to maintain this case on behalf of Mahanama Vidyalaya and that grave loss and damage is being caused to the Association, school cricketers and the disciplinary procedures due to the action of the Plaintiff.
In a Petition filed, the SLSCA had also stated that the final of the Under-19 Tournament had to be rescheduled prior to the up-coming Ordinary Level Examinations and that Big Matches are to be played by several schools as well. Attorneys for Trinity College had also informed the Court that they had been improperly made a party to the action by the Plaintiff.
Upon hearing submissions of the Lawyers for two days, Colombo District Judge vacated the enjoining order preventing the semi-final match from being played and proceeded to dismiss the entire action of the Plaintiff.
Senior Counsel Hiran de Alwis with Pasan Weerasinghe instructed by Darsha Lekamwasam, Attorney-at-Law, appeared for the office-bearers and incumbent president of the SLSCA.
Ranil Samarasooriya and H. Dayananda, Attorneys-at-Law instructed by Neethika Partners appeared for the Plaintiff. Chandaka Jayasundara PC with Imaz Imitiyaz appeared for Trinity College.
(YK)
