DFCC Bank vs. Warnakulasuriya Chandima Prasad Rajitha Fernando – SC APPEAL 33/2019-2024

The case between DFCC Bank and Warnakulasuriya Chandima Prasad involved a dispute over whether a statutory right of appeal existed against an order granted under section 16 of the Recovery of Loans by Banks (Special Provisions) Act No. 4 of 1990. The legal question centered on the proper interpretation of special jurisdiction versus ordinary civil jurisdiction and the application of summary procedure for executing an extra‑judicial order. The decision relied on an analysis of statutory provisions, legislative intent, and established precedent to reaffirm that only an express statutory right of appeal is operative, thereby dismissing the leave to appeal.

M Samayawardhena, J. — It was determined that section 16 of the Recovery of Loans by Banks Act provided for a special summary mode of