SMB Leasing PLC vs Solanga Arachchige Vindya Perera – SC APPEAL 147/2015-2018

In the case between SMB Leasing PLC (formerly Seylan Merchant Bank Ltd.) and Hewapathiranage Don Cletus Jeyrad, Oliver Bennete Jayanethi, and Solanga Arachchige Vindya Perera, the primary issue addressed was whether the High Court was correct in issuing notice to the 3rd Defendant for execution of a decree notwithstanding a settlement provision permitting execution without notice. The holding established that the issuance of such notice did not contravene procedural requirements and was within judicial discretion, reaffirming the legal principle that, under Section 337(3) of the Civil Procedure Code, the procedure for execution and renewal of writs permits corrective notice where needed. The decision relied on the Civil Procedure Code and prior case law regarding writs, emphasizing that pr