Commercial Bank of Ceylon Limited vs Samarathilaka Wijesingha Ekanayaka et al. – SC CHC/19/2007-2019

In the case between Commercial Bank of Ceylon Limited (doing business as Seemasahitha Lanka Vanija Bankuwa) and Samarathilaka Wijesingha Ekanayaka (deceased), Indra Iranganie Wijesingha Ekanayaka, and Sujeewa Wijesingha Ekanayaka of “Sahana Printers,” the court addressed the issue of whether the Appellant Bank could claim repayment for a purported loan intended to cover an overdrawn balance in the absence of essential documentary evidence. It was held that the bank’s claim was unsupported by sufficient and admissible evidence, as the process deviated from established banking practice and lacked key documentation such as a formal loan request, executed agreement, or proper guarantee. This determination reaffirmed the principle that a party seeking to enforce a commercial loan transaction mu