R. A. Tillekeratne Bandara, K. W. Premaratne, W. J. Abeyratne vs People’s Bank – CA 1155/96 F -2011

The case between People’s Bank, Colombo 2 (Plaintiff-Respondent) and R. A. Tillekeratne Bandara, Tilakasiri Stores, K. W. Premaratne, Ratnasiri Stores, and W. J. Abeyratne, Jayabima Stores (Defendant-Appellants) addressed whether the District Court erred in making absolute a decree nisi under the Debt Recovery (Special Provisions) Act No. 2 of 1990 (as amended), allegedly without providing the Defendant-Appellants an opportunity to seek leave to appear and defend, and whether the mandatory procedures under Section 12 of the Act were duly followed. It was held that the statutory requirements were complied with, a genuine defense was not demonstrated, and the appeal was dismissed as frivolous. The holding reaffirmed the principle that in proceedings under the Debt Recovery (Special Provision