IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for a mandate in the nature of a Writ of Certiorari under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

CA (Writ) Application No: 72/2020 Kumudu Samanthi Akmeemana, No. 95, Pirivena Road, Boralesgamuwa.

PETITIONER Vs.

1. Hatton National Bank.

2. Dinesh Weerakkody, Chairman, Hatton National Bank.

3. Jonathan Alles, Managing Director/CEO, Hatton National Bank. 4. L.R. Karunaratne.

5. R.S. Captain.

6. Amal Cabraal.

7. Palitha Pelpola. 8. D. Soosaipillai.

9. Nilantha De Silva. 10. Damien Fernando. 11. Madu Ratnayake.

12. Asoka Peiris.

13. Dr. Harsha Cabral P.C.

4^th – 13^th Respondents are Directors of Hatton National Bank

1^st – 13^th Respondents at Hatton National Bank, ”HNB Towers”, No. 479, T.B. Jaya Mawatha, Colombo 10.

14. Hewa Magallagodage Ruwani, No. 7/9, Galpotta, 1^st Lane, Nawala, Rajagiriya.

RESPONDENTS Before: Arjuna Obeyesekere, J / President of the Court of Appeal Mayadunne Corea, J Counsel: S.N. Vijit Singh for the Petitioner Priyantha Alagiyawanna with Isuru Weerasooriya for the 1^st – 13^th Respondents Supported on: 24^th March 2021 Written Tendered on behalf of the Petitioner and the 1^st – 13^th Respondents Submissions: on 31^st March 2021 Delivered on: 30^th April 2021 Arjuna Obeyesekere, J., P/CA The Petitioner states that by virtue of Deed of Gift No. 1121 dated 1^st May 2018 and Deed of Gift No. 1166 dated 12^th July 2018, both attested by R.D. Bandula, Attorney- at-Law, she became the owner of two plots of land, each in extent of 14P, situated in Boralesgamuwa.

The Petitioner admits the following matters in paragraph 6 of the petition:

a) The 14^th Respondent, H.M. Ruwani is an acquaintance of hers;

b) The 14^th Respondent had approached her for a loan and not having any liquid cash to satisfy the same, the Petitioner gave the 14^th Respondent her two deeds of gift and told her to obtain a loan using the same;

c) The 14^th Respondent handed over to the Petitioner a bank draft/cheque drawn in her name for a sum of Rs 26m issued by the 1^st Respondent, Hatton National Bank,¹ which the Petitioner deposited in her account, as borne out by the Statement of Account relating to the Petitioner’s current account marked ‘P3e’;

d) The Petitioner had thereafter issued the 14^th Respondent a cheque in a sum of Rs. 26m;

e) She honestly believed that the 14^th Respondent had kept the above deeds as a lien as agreed upon between themselves.

The Petitioner states that in November 2019, she found a notice and a banner affixed by the 1^st Respondent on the aforementioned lands indicating that in accordance with a resolution passed by the 1^st Respondent, the said properties will be sold by public auction on 20^th January 2020. The resolution passed by the 1^st Respondent on 26^th September 2019 in terms of the Recovery of Loans by Banks (Special Provisions) Act No 4 of 1990, as amended (the Act) had been published in the newspapers of

13^th November 2019 in all three languages – vide ‘P4c’ – ‘P4e’.

The Petitioner states that she immediately met the officials of the 1^st Respondent where she learnt that the 14^th Respondent had by Mortgage Bond marked ‘P5c mortgaged the aforesaid properties to the 1^st Respondent and borrowed a sum of Rs. 26m from the 1^st Respondent. The Petitioner concedes that the 14^th Respondent has borrowed the said sum of money from the 1^st Respondent. The Petitioner states that she thereafter examined the folios at the Land Registry and found that apart from the aforementioned Deeds of Gift and the Mortgage Bond, no other conveyances had been registered in the said folios – vide ‘P5a’ and ‘P5b’.

It is in this factual background that the Petitioner has filed this application seeking inter alia the following relief:

a) A Writ of Certiorari to quash the resolution passed by the 1^st Respondent to sell the said two properties by public auction;

1 Vide ‘R6’ annexed to the Statement of Objections of the 1st Re