Moragodage Paul Saliya Pinto and others Vs. Hatton National Bank PLC and others – CA APPLICATION CONTEMPT NO. O2/2017-2017

In the case between Moragodage Paul Saliya Pinto and Philomina Daphne Pinto (Petitioners) and Hatton National Bank PLC and others (Respondents), the court considered whether respondents had acted in contempt of a stay order issued by the Civil Appellate High Court of Colombo by taking possession of the contested property and whether such conduct warranted the issuance of summons for contempt proceedings under Article 105 of the Constitution. It was held that no contempt was established, as the operative stay order was ultimately determined to be in favor of the respondents, and no contemporaneous evidence had been presented to show the fiscal acted in contravention of an effective order. The court reaffirmed the principle that contempt jurisdiction must be exercised only where clear and in