DFCC Bank vs Weliwita Don Kusumitha Mudith Perera and others – SC APPEAL NO. 150/2010-2014

In the case between DFCC Bank (1st Respondent-Appellant) and Weliwita Don Kusumitha Mudith Perera (Petitioner-Respondent), the Supreme Court examined the interpretation of “borrower” under the Recovery of Loans by Bank (Special Provisions) Act No. 4 of 1990, the procedural propriety of parate execution, and whether the involvement of the DFCC Bank’s Board of Directors was necessary as parties to the proceedings. The Court determined that Mudith Perera did not qualify as a “borrower” under the Act, and that the Board’s involvement was properly limited in accordance with established legal principles. The Court relied on precedents, including Ramachandran’s case and HNB v Jayawardena, and reaffirmed the operative authority of Ukwatte v DFCC Bank regarding Board participation. The Court dismis