039-NLR-NLR-V-60-S.-DISSANAYAKE-Petitioner-and-SIYANE-ADIKARI-COOPERATIVE-STORES-UNION-et-al..pdf
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WEERASOORIYA, J.—Dissanayake v. Siyane AdikariCo-operative Stores Union
1958Present: Weerasooriya, J.S. DISSANAYAKE, Petitioner, and SIYANE ADIKARICO-OPERATIVE STORES UNION et al, Responder.! .
8. C. 232—Application for a Writ of Certiorari
Co-operative Societies Ordinance {Cap. 107)—Arbitration proceedings—Acation
for writ of certiorari—Necessary parties.
When an application is made for a writ of certiorari by a person aga in ' whoman award has been given in proceedings referred to arbitration under ' revi-sions of the Co-operative Societies Ordinance, the arbitrator isanecc^-.i< partyand must be made a respondent.
Application for a writ of certiorari.
8. W. Jayasuriya, with N. Abeysinghe, for the debtor-petitioner
E. R. 8. R. Coomarasuamy, with E. B. Vannitamby, for the 1strespondent.
T. M. K. Seneviratne, Crown Counsel, for the 2nd respondent.
September 19,1958. Weerasooriya, J.—
This is an application for a Writ of Certiorari by a person against whoman award has been made in proceedings referred to arbitration under theprovisions of the Co-operative Societies Ordinance (Cap. 107). The onlyrespondents to this application are the Co-operative Society whose claimagainst the petitioner was the subject matter of the arbitrationprocedings and the Registrar of Co-operative Societies, Colombo.
Mr. Vannitamby who appeared for the 1st respondent (the Co-operative-Society) took preliminary objection that the arbitrator, though a neces-sary party, had not been made a repsondent to this application, and he-relied on 8oyza v. de SUm L As specific relief is sought for in the wayof an order quashing the arbitration proceedings and declaring the awardof the arbitrator null and void, in my opinion the preliminary objectionis entitled to succeed.
The application is accordingly dismissed with costs payable by the-petitioner to both respondents.
Application dismissed>
1 {1949) 52 N. L. B. 309.