Bank of Ceylon vs Nadesan Manoharan – CA NO. 83/2000 F-2013

Brief
In the dispute between Bank of Ceylon (Plaintiff/Respondent) and Nadesan Manoharan and Bawathi Manoharan (Defendants/Appellants) conducting business as “Glamorutte,” the court addressed the entitlement of the defendants to appear and defend an action under the Debt Recovery (Special Provisions) Act No. 2 of 1990 and the availability of a statutory right of appeal under the said Act. It was held that the defendants failed to disclose a valid defense as required by the statutory framework and further determined that no statutory right of appeal exists in such matters absent express legislative provision. The decision reaffirmed the principle that, under special summary debt recovery procedures, the ability to defend is subject to strict statutory compliance and affirmed the binding aut