DC suspends alleged arbitrary termination of memberships of ex-President and Secy.

By S.S. Selvanayagam

The Colombo District Court issued an Enjoining Order suspending the termination of memberships of Morgan Fernando and Ananda Chittambalam who held office of the President and the Secretary of the Capri Club.

District Court Judge Dammika Ganepola also issued notices returnable for 24 February on the Management Committee of Capri Club headed by Lasantha Fernando which terminated their memberships.

Plaintiffs Morgan Fernando and Ananda Chittambalam who filed two separate actions held office having been appointed to the respective posts at an Annual General Meeting of the Club in 2009.

In their respective Plaints, it has been pleaded that the said Plaintiffs Fernando and Chittambalam were duly appointed as President and Secretary respectively at an Annual General Meeting duly held 2009.

It has been further pleaded that previously a number of actions had to be instituted against a certain group of members of the Club including Lasantha Fernando due to their alleged wrongful actions.

It has also been pleaded that the said group of members had wrongfully and contrary to the provisions of the Rules of the Capri Club had held a purported Annual General Meeting and had wrongfully and purportedly got themselves appointed as the Management Committee of the Club.

Further, it has been alleged that, thereafter the said purported Management Committee acting mala fide and on a personal vendetta had arbitrarily and purportedly terminated the memberships of Plaintiffs Fernando Chittambalam contrary to the rules of the club and rules of natural justice.

Kuvera de Zoysa with Shabry Haleemdeen instructed by M.J.S. Fonseka appeared for Plaintiff.