Kularatne vs. People’s Bank – sllr 2021 volume 2 page 474

BRIEF

The case between People’s Bank and Kularatne addressed compliance with the mandatory provisions of the Debt Recovery (Special Provisions) Act. It was determined that the bank’s submission of an affidavit, two cheques, a statement of account, and related documents fulfilled the requirement to file the necessary written instrument under section 4(1) of the Act and established that the overdrawn funds constituted an ascertainable debt arising from banking activities. The analysis relied on statutory interpretation and established precedent, emphasizing that procedural objections did not invalidate the bank’s recovery claim.

M.N.B. FERNANDO, J. — It was determined that the evidence supported a valid claim under the Act by establishing that the required written instrument had been ef