Gampaha District Co-operative Rural Bank Union Limited vs Undugodage Chamila Kumarai and others – CA CPA 24/23-2025

In the matter between Gampaha District Co-operative Rural Bank Union Limited and Undugodage Chamila Kumarai, the court addressed the issue of the interpretation of Section 66(1) of the Co-operative Societies Statute No. 03 of 1998 regarding installment relief and the legality of a High Court order quashing a property auction. The court held that Section 66(1) does not grant discretion for installment relief in lieu of auction and that the High Court erred in quashing the auction, particularly given the suppression of a material fact by the applicant regarding a pre-existing District Court decree for auction. The court reaffirmed the principle that material facts must be disclosed in writ applications. This decision relied on the Co-operative Societies Statute No. 03 of 1998, emphasizing th

REF: CA CPA 24/23-2025 Category: Tag:
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