Laththuwa Handi Harindu Darshana De Silva vs Pan Asia Banking Corporation PLC – CA RII/0036/2024-2024

The case between Pan Asia Banking Corporation PLC and Laththuwa Handi Harindu Darshana, among others, addressed the issue of whether an appeal may be brought against an order issued under the Recovery of Loans by Banks (Special Provisions) Act by a District Court acting in special jurisdiction. It was held that no inherent right of appeal exists from such orders unless the right is explicitly created by statute, reaffirming the principle that rights of appeal must be clearly conferred by legislative enactment, and cannot be implied. The decision relied on statutory provisions including Section 23 of the Judicature Act and case law such as Martin vs Wijewardena and Hatton National Bank PLC vs H.G.T. Gunathilake, emphasizing that applications for restitutio in integrum are not maintainable w