DFCC Bank (PLC) vs Fathima Ruzana Fakurdeen and Mohamed Sarook Mohamed Fakurdeen – SC APPEAL NO.133/2014-2016

In the case between Fathima Ruzana Fakurdeen alias Faleel Ariff Pathuma Rushana alias Fathima Ruzana Ariff and Mohamed Sarook Mohamed Fakurdeen (operating “Eat More Restaurant”) as Plaintiffs and DFCC Bank PLC as Defendant, the court addressed whether the defective naming of the defendant in the plaint rendered the action invalid, and examined the requirements for granting an interim injunction in the context of the Recovery of Loans by Banks (Special Provisions) Act No.4 of 1990. It was held that the plaint was fundamentally defective due to improper identification of the defendant, and that the plaintiffs failed to establish the necessary prerequisites for an interim injunction. The court reaffirmed the principle that proper party identification and statutory compliance are essential for