Hettiarachchilage Ariyadasa vs Ruhunu Development Bank & Others – SC APPEAL 179/2016-2024

Brief
In the case between Thelikorale Arachchige Pemadasa and Thelikorale Arachchige Susara Dhammika (“Sithumina” Uswewa) (plaintiffs) and Ruhunu Development Bank, Hettiarachchilage Ariyadasa (“Tharanga”), and Pradeshiya Sanwardena Banks (defendants), the court addressed the legality of an auction sale of a mortgaged property and the scope of judicial review under the Recovery of Loans by Banks (Special Provisions) Act No.4 of 1990. It was held that the certificate of sale issued under Section 15(1) and affirmed by Section 15(2) of the Act is conclusively valid and not open to collateral challenge. The decision reaffirmed the principle that, upon compliance with statutory procedure, the certificate serves as conclusive proof of due process, barring subsequent judicial inquiry. Reliance was