Hatton National Bank PLC vs Hikkaduwa Gamage Thejasiri Gunethilake – SC APPEAL NO. 189/2012-2016

In the case between Hatton National Bank PLC and Hikkaduwa Gamage Thejasiri Gunethilake, the Supreme Court examined whether a certificate of sale issued under Section 15 of the Recovery of Loans by Banks (Special Provisions) Act No. 4 of 1990 constitutes conclusive proof of title and enables delivery of possession to the Bank, even in the absence of a conventional auction. It was determined that the statutory certificate of sale conclusively established the Bank’s right to possession. The High Court had erred in setting aside the District Court’s possession order based on a supposed inadequacy of notice for the application for writ execution. The Court reaffirmed that procedural technicalities do not override the conclusive statutory effect afforded by the certificate of sale under the Act