Tenkutti Dumidu Shemal Silva Vs. Hatton National Bank PLC and others – CA WRIT 496/2011-2011

The case between Tenkutti Dumidu Shemal Silva and Hatton National Bank PLC, with P. Muthukumarana as a co-defendant, addressed the validity of a mortgage bond and the accuracy of the sum claimed in a board resolution authorizing sale of the mortgaged property. It was determined that the Petitioner’s challenge to the mortgage bond could not be entertained in the current proceedings due to a pending District Court action on the same matter. On the issue of the sum due, it was found that the mortgage bond included all banking facilities granted by the Bank to the Petitioner, and the board resolution in question conformed to statutory requirements applicable before the relevant legislative amendment. The holding reaffirmed the principle that issues of substantive title and contractual sums mus