Withanage Don Buddhadasa v Bank of Ceylon and Others – CA WRT/375/2019-2022

In the case between Withanage Don Buddhadasa (Plaintiff/Petitioner) and Bank of Ceylon and associated parties (Defendants/Respondents), the court addressed the legality of the Bank of Ceylon’s resolution to sell mortgaged property at public auction. Central issues included the propriety of amalgamating several financial facilities and mortgage bonds, compliance with statutory notice requirements under the Bank of Ceylon Ordinance (Sections 21 and 22), and the petitioner’s legal status given his directorial role in the 3rd Respondent Company. It was held that the bank’s amalgamated resolution was lawful and that defects in statutory notice caused no material prejudice to the petitioner, as due notice of sale was given. The application was dismissed without costs. The holding reaffirmed the