People’s Bank v. Mahavidanage Simpson Kularatne – SC APPEAL 04/2015-2020

In the case between People’s Bank (Plaintiff) and Mahavidanage Simpson Kularatne (Defendant), the Supreme Court addressed the issue of whether the plaint filed by People’s Bank under the Debt Recovery (Special Provisions) Act complied with the mandatory statutory requirements, particularly with respect to section 4(1) regarding the annexure of instruments, agreements, or documents, and whether the overdraft in question qualified as a ‘debt’ under the Act. The court determined that the documents filed, including the statement of account and related cheques, met the statutory requirements and that an additional written agreement was not mandatory. The prior grant of unconditional leave to appear and the procedure adopted by the lower court were deemed proper. The High Court’s decision to mak