Court directs CAPRI Chief to hold AGM

By S.S.Selvanayagam

THE Civil Appellate High Court directed the President of the CAPRI Club D. Morgan Fernando to call and conduct the Annual General Meeting of the Capri Club for the year 2010/2011.

The Civil Appellate Court Judges H.N.J. Perera and Devika Abeyratne made this direction when the inquiry into the application filed by Morgan Fernando for leave to appeal against the order of the District Court came up on 15 March.

The Court directed that this application be called on 29 March for the petitioner to consider calling and conducting the AGM of CAPRI Club and extended the enjoining order until 29 March.

The District Court had issued an enjoining order restraining Morgan Fernando (President), Ananda Chittampalam (Secretary) and N. Loganathan (Treasurer) and C. Liyanage (Manager) of the CAPRI Club from acting the Committee of Management of the said Club.

Plaintiff Chellaram Kundanmal had filed a civil litigation before the District Court against the abovementioned defendant.

He had sought a declaration from the District Court that the defendants have no legal right whatsoever to hold office of the Committee of Management and function as the Committee of Management beyond 30 September, 2010 unless otherwise they are elected by members of the Committee of Management at a subsequent AGM for the year 2010/2011.

He had claimed he is an ordinary member of the CAPRI (Circolo Amichevole Per Residenti Italiani) for the past 46 years which is situated at Dharmapala Mawatha, Colombo 7 with approximately 740 members.

He had stated that with the resignation of a number of committee members, the Committee is left with only a five members thus resulting in ‘no quorum’ to meet or decide on any of the matters pertaining to the Club.

He had contended that the defendants holding office in CAPRI Club beyond 30 September, 2010 is in blatant violation of Rules and is illegal.

Morgan Fernando (President) appealed against the order of the District Court citing Chellaram Kundanmal, N. Loganathan and C. Liyanage as respondents.

Faizer Musthapha with Farman Cassim and Charaka Jayaratne instructed by Integrated Associates appeared for Chellaram Kundanmal. Kuwera de Zoysa appeared for the petitioner Morgan Fernando