Pan Asia Banking Corporation PLC v. Ranasinghe Arachchige Thilangani Chandrasena Perera – SC C.H.C. APPEAL NO: 26/2010-2010

In the case between Pan Asia Banking Corporation PLC (and associated branches) and Ranasininghe Arachchige Thilangani Chandrasena Perera, the court addressed whether the plaintiff satisfied the strict statutory requirements under Section 653 of the Civil Procedure Code for obtaining an ex parte sequestration order. It was held that the plaintiff had failed to establish the requisite factual basis, especially regarding the allegation of fraudulent alienation of assets and the absence of security to satisfy its claim. The principle reaffirmed that strict compliance with Section 653 is mandatory when securing ex parte sequestration relief. The decision relied on both the Civil Procedure Code and the scrutiny of evidenced affidavits, reiterating that unsupported assertions and insufficient fac

REF: SC C.H.C. APPEAL NO: 26/2010-2010 Category: Tag:
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