TRANS ORBIT GLOBAL LOGISTICS (PVT) LTD

TRANS ORBIT GLOBAL LOGISTICS (PVT) LTD

VS.

PEOPLE'S BANK

SUPREME COURT
THURAIRAJA, J.
GOONERATNE, J.
DE SILVA, J.
SC/APPEAL/92/2020
SC/HCLA/5/2020
HC/CIVIL/640/17/MR
JULY 14, 2021

High Court of the Provinces (Special Provisions) Act, No. 10 of 1996, section 2(1), item (1) of the First Schedule to the Act-Civil Law Ordinance, No. 5 of 1852, section 3-Delictual liability and contractual liability-Jurisdiction of the Commercial High Court

The plaintiff customer filed action against the defendant bank in the Commercial High Court seeking damages in a sum of Rs.25 million for negligence on the part of the defendant bank in carrying out the transfer of a certain sum of money from the plaintiffs account in the defendant bank to an account in a different bank. The Commercial High Court upheld a preliminary objection and dismissed the plaintiffs action on lack of jurisdiction on the premise that there was no commercial transaction and the cause of action was based on negligence and/or breach of duty of care and not on contract. The plaintiff appealed to the Supreme Court.

Held :

1. The jurisdiction of the Commercial High Court has t

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