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Case involving Bathiya and Santush referred to arbitration

by Kumar Wethasinghe

The Court of Appeal yesterday dismissed the petition filed against Bathiya Jayakody and Santush Weeraman when the petitioners yesterday indicated to court that they were withdrawing the application for Revision.

The Bench comprised Justices Chandradasa Nanayakkara and J. Balapatabendi.

When the case was taken up, counsel for plaintiff/petitioner M. Ikram Mohamed PC submitted that the parties had agreed to appoint former Chief Justice Parinda Ranasinghe, as the sole Arbitrator to settle the differences.

Therefore, the petitioners did not wish to proceed with the Revision application made court and that they were moving to withdraw their application. Accordingly, the court allowed the application and dismissed the case.

In this case, the petitioner Sarath Kotalawala had cited Bathiya Jayakody, Santush Weeraman, Maharajah Entertainment (Pvt) Ltd., Sony Music Entertainment of India and Maharajah Investment (Pvt) Ltd., being their local Licensed Agents in Sri Lanka as the respondents.

The plaintiff petitioner had pleaded (a) to exercise the Revisionary Jurisdiction vested in the Court and to revise and set aside the said Order of the Learned High Court Judge made on 4/6/2002 in Case No. HC Civil/15/2/2002 (3) dismissing the Action against the 3rd and 4th Respondents abovenamed and also to set aside those parts of the said Order which hold that the said clause 9 is a Scot Vs. Avery Clause and/or that the exclusive jurisdiction to grant the relief prayed for is in the Arbitrator in dismissing the said Action against the 1st and 2nd Respondents and to make Order restraining the 3rd and 4th Respondents from producing and/or distributing and/or selling the said Audio Cassette titled Tharunyaye and/or any Compact Disc containing the said song Oba ney Addha and/or permitting the sale and/or marketing of the Audio Cassette and/or Compact Disc titled Tharunyaye as long as it contains the said song Oba ney Addha until the High Court makes an Order on the Application made for the Interim Injunction against the 3rd and 4th Respondents in the said Case.

(b) to grant and issue an Interim Order restraining the 3rd and 4th Respondents from producing and/or distributing and/or selling the said Audio Cassette titled Tharunyaye and/or any Compact Disc containing the said song Oba ney Addha and/or permitting the sale and/or marketing of the Audio Cassette and/or Compact Disc titled Tharunyaye as long as it contains the said song Oba ney Addha pending the hearing and determination of this Application by Your Lordships' Court.

M. Ikram Mohamed, PC with Shyama Fernando instructed by A. C. Abdul Lateef appeared for the petitioner.

Romesh de Silva, PC with Harsha Amarasekera and Sugath Caldera instructed by G. G. Arulpragasam appeared for all respondents.

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