Kumudu Samanthi Akmeemana Vs. Hatton National Bank and others – CA WRIT APPLICATION NO: 72/2020-2021

In the case between Kumudu Samanthi Akmeemana (Petitioner) and Hatton National Bank, its directors (1st to 13th Respondents), and H.M. Ruwani (14th Respondent), the court addressed whether the actions undertaken by Hatton National Bank to auction properties mortgaged to it were ultra vires under the Recovery of Loans by Banks (Special Provisions) Act, in light of the Petitioner’s assertion of continuing ownership despite the 14th Respondent’s involvement in the loan and mortgage. It was held that questions regarding the genuineness of a Deed of Transfer and disputes about the Petitioner’s signature constituted factual issues inappropriate for determination in writ proceedings. Significantly, it was established that late registration of a Deed of Transfer affects legal priority, not validit