Kalutota Financial Services (Private) Limited vs. Parakramasinghe Nishanthi Udayanganee – CA WRT 113/2024-2025

The case between Kalutota Financial Services (Private) Limited and the 1st to 4th Respondents (representing heirs and parties associated with secured property) addressed the issue of whether the Debt Conciliation Board had jurisdiction over disputes involving factual questions of property possession and the exhaustion of alternative remedies. It was held that a writ of Certiorari was not an appropriate remedy where significant factual disputes existed, reaffirming the principle that writ jurisdiction should not be exercised in cases requiring trial-like examination of contested facts. This decision relied on relevant case law such as Thajudeen v. Sri Lanka Tea Board and others, emphasizing that the appropriate forum for resolving such disputes is the Debt Conciliation Board’s process itsel

REF: CA WRT 113/2024-2025 Category: Tag:
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