Hatton National Bank PLC vs. Thejasiri Gunethilake – sllr 2016 volume 1 page 276

In the case between Hatton National Bank PLC (Petitioner) and Thejasiri Gunethilake (Respondent), the court addressed the enforceability of a bank’s statutory right to recover debts through parate execution under the Recovery of Loans by Banks (Special Provisions) Act No. 4 of 1990. The main issues concerned the conclusive nature of a certificate of sale, procedural compliance including notice under Section 347 of the Civil Procedure Code, the absence of a statutory right of appeal from orders under Section 16 of the Act, and the limits of revisionary jurisdiction exercised by the High Court. The findings established that the bank’s method of enforcing its security and recovering property was lawful, the issuance of the certificate of sale constituted conclusive proof of proper process, an