Written by Staff Writer
13 Jan, 2021 | 6:13 pm
Colombo (News 1st); The Additional District Judge on Wednesday (13) rejected an application made by George Steuart Health (Pvt) Ltd for the action filed against MTV Channel Private Limited to be transferred to the Court Number 06.
Accordingly, the case was called up in the presence of District Judge Rashantha Godawela at the Court Number 01.
When the case was called up earlier on the 08th of January, President’s Counsel Romesh De Silva appearing for George Steuart Health (Pvt) Ltd made an application for the case to be transferred to Additional District Judge Sadun Vithana on the premise that it was Additional District Judge Sadun Vithana who issued the ex-parte injunction order and later extended it on the 07th of December 2020.
President’s Counsel Uditha Egalahewa appearing for MTV strenuously objected to the application to transfer the case stating that parties should not select the bench to suit their wishes and informed the Court that the practice of permitting parties to select judges is a perverse practice that affects the independence of the judiciary.
The President’s Counsel further submitted to the court that after the 7th of December 2020, this case came up on 18th of December 2020 and that there was a specific order made by another Additional District Judge to take this case up before the District Judge of Colombo for inquiry and on that date, no objections were raised by the Plaintiff’s counsel to take up this case in District Court Number 01.
President’s Counsel Uditha Egalahewa noted therefore in following the proper procedure, this case should rightly be taken up only in Court Number 01 before the said District Judge of Colombo and not be transferred to the Additional District Judge as requested by the plaintiff.
Having heard submissions by both Counsels on the 08th of January, the Court made an Order that when one party has made a request to transfer the case to another court, it is not correct for the judge to hear the case, stating that one party could allege bias against the judge.
Purely for that reason, the learned Judge ordered that the case be transferred to Additional District Judge Sadun Vithana.
Thereafter, the case was taken up before Additional District Judge Sandun Vithana.
Counsel for MTV, Uditha Egalahewa PC informed the Court, that a few moments ago, when this case came up before Court Number 01, President’s Counsel Romesh De Silva appearing for George Steuart Health (Pvt) Ltd had requested for the case to be taken up at Court Number 06.
President’s Counsel Uditha Egalahewa said he had vehemently objected to the Plaintiff’s application to transfer the case to Court Number 06 and stated that there is an Order already made on 18th December 2020 to take this case up in Court Number 1 and therefore Court Number 6 should not hear this case.
Accordingly, the Additional District Judge postponed the case to the 13th of January 2021.
When the case came up before the Additional District Judge Sandun Vithana at Court Number 06, the Judge inquired counsel appearing for MTV Channel Private Limited whether they continue to maintain their objections.
Uditha Egalahewa PC appearing for MTV reiterated the same objections and said there was no change in his position.
Considering the submissions Additional District Judge Sandun Vithana made an order that the case will not be taken up at Court Number 06 and further ordered that the case will be transferred to Court Number 01.
When the case was called up at District Court Number 01, District Judge Rashantha Godawela stated that the case can now proceed in District Court Number 01.
President’s Counsel Romesh De Silva appearing for George Steuart Health (Pvt) Ltd said he had no objections for the case to be taken up in the said court.
However, citing he needed to seek instructions from his client, President’s Counsel Romesh De Silva appearing for George Steuart Health (Pvt) Ltd requested for the case to be postponed to Monday and thereby the District Judge postponed the case to the 18th of January.
Uditha Egalahewa President’s Counsel, Jeevantha Jayathilaka, Niranjan Arulpragasam, Damitha Karunaratne, N K Ashokbharan, Miyuru Egalahewa, and other counsels appeared for MTV Channel Private Limited instructed by G G Arulpragasam.
Appearing for the Plaintiff and for the interests of Dilith Jayaweera, the Chairman of the Plaintiff company, was Romesh de Silva PC and Ruwantha Cooray Attorney at Law.
08 Jan, 2021 | 07:18 PM
23 Nov, 2020 | 07:32 PM
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