Cassim Haleem & Anor. v. Seylan Bank PLC & Ors. – CA WRIT/290/2017-2017

In the case between Mohomed Cassim Haleem and M. Azath S. Sally (Petitioners) and Seylan Bank PLC and others (Respondents), the court addressed whether the cancellation of a Certificate of Sale under Section 17 of the Recovery of Loans by Banks (Special Provisions) Act No. 04 of 1990 is subject to judicial review, and whether a purported agreement (as evidenced by letter “P10”) gives rise to a public duty enforceable by a writ of Mandamus. The court held that relief by way of writ could not be granted to enforce private contractual agreements or to retrospectively review the statutory discretion exercised by the Bank after resale of the mortgaged property. The principle reaffirmed is that statutory duties, where discretionary and exercised by a private bank in a commercial context, do not