Hambanage Don Ishan Eranda Manohara v. Mrs. Malani Abeywardena Ranathunga et al. – CA WRIT/244/15-2021

In the case between Hambanage Don Ishan Eranda Manohara (Petitioner) and Mrs. Malani Abeywardena Ranathunga (Chairperson, Debt Conciliation Board) and others (Respondents), the court addressed whether the impugned orders made by the Debt Conciliation Board conformed with the Debt Conciliation Ordinance, including the determination of the nature of a deed as security for a loan versus an outright transfer, and whether procedural fairness was observed. It was held that the Board acted within its statutory mandate, the deed was correctly found to be security for a loan based on the evidence, and the review application was rightly dismissed as time barred. The decision reaffirmed that parties seeking prerogative writs must approach the court with clean hands and must have exhausted remedies be

REF: CA WRIT/244/15-2021 Category: Tag:
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