The Civil Appellate High Court of Negombo refused to grant a Stay Order staying the activities of the Official Receiver appointed to the Negombo-Pitipana Lellama.   

The Leave to Appeal Application filed against the Interim Order of the District Court of Negombo appointing a Receiver to take over the Custody and Management of the Negombo-Pitipana Lellama came up for Support yesterday, before the Judges of Civil Appellate High Court of Negombo, Ramanathan Kannan and Yuvonne Fernando.   

After hearing oral submissions of both the Defendants - Petitioners and Plaintiff-Respondent, the learned Judges of the Civil Appellate High Court permitted the Appeal to proceed, and fixed the Appeal for Argument on October 10.  However, the Court specifically made an order that granting of Leave to Appeal against the order of the District Court of Negombo shall have no bearing on the proceedings of the District Court of Negombo.   

The Court also refused to grant a Stay Order staying the operation of the activities of the Receiver already appointed by the District Court of Negombo in terms of the said Interim Order, who has been already handed over the Management and Custody of the Negombo-Pitipana Lellama by the Registrar/Deputy Fiscal of the District Court of Negombo last Friday (07).   

The Negombo District Court had issued Interim Orders for the appointment of a ‘Receiver’ to take over the management and administration of the premises known as the Negombo Fisheries Market, commonly referred to as “Lellama.” The Court made this order pursuant to an action filed by the Archbishop of Colombo against Aruna Roshantha Fernando, J. Edison Fernando, and A.J. Nishantha Fernando, holding respectively the positions of President, Secretary, and Treasurer of the “Pitipana Meesame Eksath Dheewara Samithiya”.   

Counsel Chathura Galhena with Counsel Nalin Samarakoon appeared on behalf of the Defendants - Petitioners. President’s Counsel Shammil Perera with Senior Counsel Varuna Senadhira and Counsel Indika Bandara Abeykoon instructed by Dammika Silva appeared on behalf of the Plaintiff - Respondent, the Archbishop of Colombo.