Jayathungage Sarath Jayathunga vs Seylan Bank PLC – CA63/2012-2013

In the case between Jayathungage Sarath Jayathunga (Plaintiff) and Seylan Bank PLC, along with I.W Jayasuriya (Licensed Auctioneer) (Defendants), the court addressed the issue of whether the Petitioner could withdraw a writ application filed against Seylan Bank PLC and the auctioneer, and whether such withdrawal could be permitted with reservation of rights to negotiate and settle with the Bank. It was determined that withdrawal of the application was to be allowed on the specific terms requested, with the matter being dismissed proforma and without costs. This disposition reaffirmed the principle that withdrawal of an application with reservation to negotiate is within the court’s discretion, with no adverse cost orders following such procedural dismissals. The decision relied on consider