Don Jayantha Weerasinghe & Kotte Real Estate (Pvt.) Ltd. vs Hatton National Bank PLC & Registrar of Lands – CA 184/2013-2013

In the case between Don Jayantha Weerasinghe and Kotte Real Estate (Pvt.) Ltd. (Petitioners) and Hatton National Bank PLC (First Respondent), the court addressed whether the certificate of sale and its registration, issued following the auction of mortgaged property by the respondent bank under the Recovery of Loans by Banks (Special Provisions) Act No. 4 of 1990, could be quashed by writs of certiorari and mandamus as sought by the petitioners. The court held that, where the petitioners had defaulted and the bank proceeded under clear statutory authority for parate execution, there was no sufficient legal basis to invalidate the certificate of sale or the auction process. The statutory certificate was deemed conclusive proof, reaffirming the key principle that a sale conducted under the A

REF: CA 184/2013-2013 Category: Tag:
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