Mahavidanage Simpson Kularatne vs People’s Bank – SC Appeal No. 04/2015-2020

The case between People’s Bank and Mahavidanage Simpson Kularatne addressed the issue of whether the respondent bank complied with the mandatory filing requirement under section 4(1) of the Debt Recovery Act by submitting a written instrument to establish a debt. It was determined that the written evidence, including cheques and the statement of account, was insufficient to establish the requisite written promise. The analysis relied on statutory provisions, legislative intent, and relevant case law, establishing that failure to adhere to the procedural requirements justified the dismissal of the appeal.

Priyantha Jayawardena PC, J — It was determined that the respondent bank failed to file the necessary written documentation required under section 4(1) of the Debt Recovery Act. The co