The Colombo District Judge
Anura Ranasinghe on Tuesday ordered Sarath Namalgama the
producer of film "Susima" to pay prepayment cost of Rs. 42.500/-
as cost to Sprint Queen Susanthika Jayasinghe and further
ordered that if the prepayment is not made before 10 a.m. on the
next date of trial, judgment will be entered in favour of the
Plaintiff.When the case was taken up for trial yesterday
before the District Judge of Colombo, Counsel for the Defendant
informed Court that she has been retained only today and
therefore she needs time to get ready for the trial.
The District Judge refixed the trial for 9th March 2007 in
respect of the Plaint filed by the Susanthika Jayasinghe against
the producer of the film "Susima". The Plaintiff
Susanthika has alleged in her plaint the film attempted to
depict her life style without her consent.
Susanthika Jayasinghe had also alleged in her plaint that the
film script has been written with malice to assassinate her
character and to cause paint of mind.
Plaintiff’s Counsel informed Court that in the first instance
Court granted an ex-parte enjoining order and therefore an
inter-party inquiry granted an interim injunction. The Defendant
in this case appealed against the issue of interim injunction
and the Court of appeal affirmed the order of the District Judge
and dismissed the application filed by the Defendant in the
Court of Appeal.
The Plaintiff Counsel also informed Court that this action
has been instituted as far back as 2001 and for the last 5 years
the Defendant has changed number of instructing Attorneys and
retained number of Counsels and obtained number of dates on the
pretext of settlement and never settled the case.
When this case came up for trial on an earlier occasion, the
Director of the film Mohamed Niyaz Attorney-at-Law gave an
undertaking to Court not to direct any film based on the script
in this case and accordingly the case was settled against the
film Director.
Mr. Romesh De Silva PC with Mr. Palitha Kumarasinghe P.C. and
Mr. Priyantha Alagiyawanna Attorney-at-Law instructed by Mr. G.
G. Arulpragasam Attorney-at-Law appeared for Susanthika
Jayasinghe.
Mrs. Shiromi Udurawana Attorney-at-Law appeared for Mr.
Sarath Namalgama.