Muthuthanthrige Peatro Sunil Bernard Fernando vs. Hewapathiranage Don Cletus Samaranayake – CA PHC/11/2017-2017

In the case between Muthuthanthrige Peatro Sunil Bernard Fernando for Indra Finance Company Ltd. (Appellant/Absolute Owner) and Hewapathiranage Don Cletus Samaranayake (Respondent/Registered Owner), the court addressed the entitlement to possession of vehicle No. WP HF 3617 following the termination of a finance lease. It was held that lawful possession should be restored to the absolute owner when the registered owner defaulted and the lease had been validly terminated, reaffirming the principle that non-registration as a finance leasing company does not preclude legal recovery of possession where registration was not operationally possible due to regulatory suspension. Reliance was placed on the Finance Leasing Act, the Criminal Procedure Code (Section 433A), and applicable precedent, em