Handun Harsha Prabath De Silva v. Seylan Bank PLC – CA WRIT NO: 293/2015-2015

In the case between Handun Harsha Prabath De Silva and Seylan Bank PLC, the court addressed the issue of whether notice should be issued against the respondent bank regarding a Parate Execution order under the Recovery of Loans by Banks (Special Provisions) Act No. 4 of 1990. It was determined that the factual circumstances in this matter were distinct from the Supreme Court decision in Ramachandran Vs. Hatton National Bank, which had previously protected third-party borrowers. Upon review of 28 documentary evidences demonstrating the petitioner’s status as a principal shareholder and his direct involvement in procuring the loans, the court held that the precedent cited was inapplicable. The application for notice was refused, reaffirming the principle that the applicability of judicial pr