W. Henry Dharmasiri Dissanayake et al. vs Seema Sahitha Kegalle Samupakara Nagara Banku Samithiya et al. – CA PHC 60/2009-2012

In the case of W. Henry Dharmasiri Dissanayake and others (Petitioners) versus Seema Sahitha Kegalle Samupakara Nagara Banku Samithiya and others (Respondents), the court addressed whether writs of certiorari should issue to quash decisions of an arbitrator, the Registrar/Commissioner of Cooperatives, and the High Court on a dispute arising from a loan agreement secured by mortgage. The court held that lawful authority existed for the appointment of an arbitrator to resolve disputes within the statutory framework of the Cooperatives Act and the Sabaragamuwa Provincial Cooperatives Enactment. It was found that the mortgage agreement’s stipulated rates of interest were binding on the petitioners, and procedural fairness was observed despite the appellate authority’s dual role. The holding re