Chandra Gunasekera vs People’s Bank – SC APPEAL CHC NO. 43/2012-2019

Brief
In the case between the Plaintiff–Respondent (the Plaintiff Bank and associated parties) and the 2nd Defendant–Appellant (along with other Defendants), the court addressed whether the payment of Rs. 19,400,000 by the Defendant–Appellant constituted a full and final settlement under a personal guarantee bond, or whether further liability persisted. The admissibility and evidentiary value of a certified statement of accounts from the Plaintiff Bank (document marked P9(a)), under the Evidence Ordinance’s banker’s books provisions, was also examined. Relief previously granted by the High Court to the Plaintiff–Respondent was challenged. The holding affirmed that the payment constituted only a part-settlement and not a full discharge of the Defendant–Appellant’s liability, and that the st