Mohomed Cassim Haleem and others Vs Seylan Bank PLC and others – CA WRIT/290/2017-2022

In the case between Mohomed Cassim Haleem, M. Azath S. Sally, et al. (Petitioners) and Seylan Bank PLC (Respondent), the court addressed the legality of the bank’s resale of a property initially pledged as security for a loan and subsequently the subject of an advance payment agreement. The court held that the discretionary power vested in the bank under Section 17 of the Recovery of Loans by Banks (Special Provisions) Act did not impose a public or statutory duty enforceable through writ jurisdiction. The decision reaffirmed that contractual arrangements entered into following the exercise of statutory power do not create mandatory public duties subject to judicial enforcement via a writ of Mandamus or Certiorari. Reliance was placed upon the construction of the operative statute, conside