Seylan Bank PLC vs. The Kandy Tyre House (Pvt) Limited – SC APPEAL 121/2019-2025

In Seylan Bank PLC v. The Kandy Tyre House (Pvt) Limited, the court considered whether an appeal is maintainable under Section 16 of the Recovery of Loans by Banks (Special Provisions) Act No. 4 of 1990, particularly against an order arising from a preliminary jurisdictional objection rather than a final determination on the substantive application for delivery of possession. It was determined that the statutory scheme, established for the expedited recovery of bank loans, intends to restrict appellate intervention strictly to instances expressly provided by statute. After a detailed analysis of the legislative intent, statutory language, and pertinent case law—DFCC Bank v. Warnakulasuriya Chandima Prasad and Martin v. Wijewardena—it was concluded that permitting appeals on preliminary or