Alahakoon Mudiyanselage Jayanthi Anulawathie vs. Ananda Senaratne Bandara Jayasundara et al. – CA WRIT APPLICATION NO: 152/21-2022

In Alahakoon Mudiyanselage Jayanthi Anulawathie v. Ananda Senaratne Bandara Jayasundara and Others, the court addressed the lawfulness of orders P2 and P3 of the Debt Conciliation Board. The central issue concerned whether these orders were ultra vires, arbitrary, or unreasonable and whether the principles of natural justice had been violated, specifically regarding the determination of “possession” under Section 19(1A) of the Debt Conciliation Board Ordinance. It was held that the Board misapplied the burden of proof and failed to adequately consider material evidence, thereby exceeding its jurisdiction and rendering its decisions void. The principle reaffirmed is that statutory tribunals must strictly adhere to the statutory burden of proof and consider all relevant evidence, upholding t