Segusahib Mohamed Aswar v. Hon. Galan Suriya – CA WRIT 258/2017-2017

In the case between Segusahib Mohamed Aswar (Petitioner) and Hon. Galan Suriya, The Learned Magistrate, Magistrate Court, Kandy (Respondent), the court addressed the issue of whether notice should be issued in a writ application challenging the Magistrate’s decision regarding an inconsistency in interest rates specified in a banking offer letter (15%) and a mortgage bond (26%). It was held that the offer permitted the bank to exercise discretion for a variable interest rate, validating the increase and the terms of the mortgage. The court reaffirmed the principle that contractual provisions allowing for variable interest rates, when exercised per the stated terms, are enforceable. Reliance was placed on the documentary evidence and the reasoning of the lower court, emphasizing that the jud