Mohamed Ismail Fairoze Hameed Alias Mohamed Shahul Hameed Ismail Fairoze vs Union Bank of Colombo PLC – CA WRIT 0805/2023-2024

Brief
In the case between Mohamed Ismail Fairoze Hameed and Tenaga Car Parks (Pvt) Ltd (Petitioners) and Union Bank of Colombo PLC and Chandima Priyadarshani Gamage (Respondents), the court addressed the issue of whether alleged non-service of statutory notice to a company director could be resolved by a writ application amid disputed facts. It was held that where material facts are contested, relief by way of Writs of Mandamus, Certiorari, and Prohibition is inappropriate, as issues of evidence and credibility require a regular suit and full trial. The decision reaffirmed the principle that writ jurisdiction is discretionary and cannot substitute for remedies available by ordinary action where a genuine dispute of fact exists. Reliance was placed on statutory interpretation and establishe