Vanik Incorporation Limited. v. Hettiarachchi – sllr 2002 volume 1 page 378

In the case between Vanik Incorporation Limited (Plaintiff-Appellant) and Hettiarachchi (Defendant-Respondent), the court addressed whether Bills of Exchange, dishonoured through the subsequent dishonour of cheques issued in settlement, qualify as “dishonoured bills” without the necessity of presentment for payment under the Bills of Exchange Ordinance. It was held that, based on the statutory provisions of sections 52(1), 19(4), and 46(2) of the Ordinance and the express waiver in the contractual arrangement, presentment for payment was not required in this instance. The court determined that the respondent’s debt revived upon dishonour of the cheques, and the previous dismissal of the appellant’s claim by the High Court was erroneous. The High Court’s decision was set aside, and the appe