Kundanmal gets enjoining order against Capri Club

By S.S.Selvanayagam

The Colombo District Court issued an Enjoining Order restraining the President, the Secretary and the Treasurer of Capri Club and all those acting under them as the Committee of Management.

District Court Judge K.Wathupola issued this interim order valid till 2 November on a civil litigation filed by Chellaram Kondanmal.

Farman Cassim with Shantha Jayawardene instructed by Integrated Associates appeared for the Plaintiff Kundanmal.

Plaintiff cited D. Morgan Fernando (President), Ananda Chittampalam (Secretary), N. Loganathan (Treasurer) and C. Liyanage (Manager) of the Capri Club.

Plaintiff is seeking a declaration from the Court that the respondents 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 Annual General Meeting for the year 2010/2011.

He is asking another declaration from the Court that the Respondents are illegally holding on to and functioning in the office of the President, the Vice President and Secretary and Treasurer.

Plaintiff claims that he has been an ordinary member of Capri (Circolo Amichevole PerResidenti Italiani) for the past 46 years, which is situated at Dharmapala Mawatha, Colombo 7, with approximately 740 members.

He maintains 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 contends the Defendants holding office in Capri Club beyond 30 September 2010 is blatant violation of rules and is illegal.

The Colombo District Court had already in a separate litigation issued an Enjoining Order against the Capri Club restraining from suspending the membership of Rajah Sinnadurai who is a life member.