Abeyratne v. Anulawathie Manike – sllr 2011 volume 2 page 308

The case between Abeyratne and Anulawathie Manike addressed whether a creditor, having reached a settlement before the Debt Conciliation Board, is restricted to the remedy under Section 43(1) of the Debt Conciliation Ordinance or may also maintain a vindicatory action for a declaration of title. The court held that Section 43(1) is discretionary rather than exclusive, enabling pursuit of alternative remedies, including declaratory relief. The principle reaffirmed is that procedural avenues provided under the Debt Conciliation Ordinance do not preclude other legally available remedies unless expressly limited by statute. Reliance was placed on the language of the Ordinance, statutory context, and supporting case law, underscoring that such settlements do not bar further recourse in the even