IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an appeal under and in terms of Section 5(1) of the High Court of the Provinces (Special Provisions Act)

Act No. 10 of 1996.

Bank of Ceylon No. 4, Bank of Ceylon Mawatha, Colombo 01.

DEFENDANT SC Appeal No. SC/CHC/23/2008 Case No. HC (Civil) 167/2005 (1)

vs.

AraliyaImpex (Pvt) Ltd. No. 69, Old Moor Street, Colombo 12. PLAINTIFF AND NOW BETWEEN AraliyaImpex (Pvt) Ltd. No. 69, Old Moor Street, Colombo 12 DEFENDANT – APPELLANT vs.

Bank of Ceylon No. 4, Bank of Ceylon Mawatha, Colombo 01 PLAINTIFF – RESPONDENT Before: Priyantha Jayawardena PC, J Murdu N.B. Fernando PC, J S. Thurairaja PC, J Counsel: Lakmini Amaratunga for the Defendant-Appellant N. Wigneshwaran, Deputy Solicitor General with G.M. Gamage for the Plaintiff-Respondent Argued on: 6^th December, 2021 Decided on: 5^th July, 2023 Priyantha Jayawardena PC, J The Plaint The plaintiff-respondent (hereinafter referred to as the “respondent bank”) had instituted action in the District Court of Colombo to recover money given as an overdraft to the defendant-appellant (hereinafter referred to as the “appellant”). The respondent stated that the appellant