Seylan Bank Ltd vs Junaid – sllr 2012 volume 1 page 111

In the case between JUNAID (Plaintiff/Respondent) and SEYLAN BANK LTD (Defendant/Petitioner), the court addressed the issue of whether a prima facie case had been established to warrant the grant of an interim injunction under the Recovery of Loans by Banks (Special Provisions) Act. It was held that the mere consent by the plaintiff to settle the mortgage bond was not, by itself, sufficient to justify the issuance of an interim injunction; instead, satisfaction of the established legal tests was necessary. The decision reaffirmed the principle that interim injunctive relief requires a prima facie case, balance of convenience favoring the applicant, and supporting equitable considerations. Reliance was placed on judicial precedents such as Jinadasa v. Weerasinghe, Preston v. Luck, and F.D.

REF: sllr 2012 volume 1 page 111 Category: Tag:
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