Supreme Plus Holdings wins civil case against Kariyawasam Paint House

The District Court of Nugegoda has ruled in favour of Supreme Plus Holdings, owned by Devika Gallage of Meegoda, in a civil case filed against Kariyawasam Paint House, operated by Weraduwage Deepa Nilangani of Maharagama. 

The plaintiff, a JAT subsidiary outlet, sued the defendant for Rs. 500,784 together with costs.

When the case was called before the District Court, the plaintiff was represented by Senior Counsel Ian J. F. Fernando with Nirmal Perera, Lakkitha Kumarasinghe, and Rochelle Ratnam, Attorneys-at-Law, instructed by Derek Fernando Associates. The defendant was represented by Hareendra R. Banagala and Thilini de Almeida, Attorneys-at-Law.

As the defendant and her registered attorney failed to appear in court to file their answer, the matter proceeded ex parte. Counsel for the defendant later argued that his absence was due to an accident and Covid lockdown restrictions, citing the COVID-19 (Temporary Provisions) Act, No. 17 of 2021. However, the plaintiff’s counsel objected that the defendant’s application to purge default under Section 86(2) of the Civil Procedure Code was filed out of time. The court upheld this objection and dismissed the application.

The defendant then filed a final appeal before the Civil Appellate High Court of Mount Lavinia, which was argued on May 23, 2025. Counsel for the plaintiff, Nirmal Perera, raised a preliminary objection under Sections 86(2) and 88(1) of the Civil Procedure Code, leading to the dismissal of the appeal with costs.

Following the decision, the District Court issued a writ for seizure of goods belonging to Kariyawasam Paint House, which were taken into custody by the Nugegoda Fiscal for sale to recover the principal amount, legal interest, and costs awarded to Supreme Plus Holdings.