BANK OF CEYLON

Vs.

ASWEDDUMA TEA MANUFACTURES (PVT) LTD

SUPREME COURT
PRIYANTHA JAYAWARDENA, PC,J
ANIL GOONERATNE. J
VIJITHA K. MALALGODA. P.C. J
SC/HCCA/LA/187/2014
Civil Appellate High Court Ratnapura
SP/ HCCA.RAT/29/2012 (FA)
D.C. Rathnapura 16554/Money
14.01.2016

Banking Business - Temporary over draft-Recovery- Debtor- Creditor-Implied contract - Current account - Cheque - Offer and acceptance - Obligation - Best evidence - Secondary evidence - Discrepancy in bank statement.

Plaintiff appellant petitioner is the Bank of Ceylon. Action filed against the Defendant based on a temporary overdraft facility. (TOD) to recover Rs. 4,818,582.52/- with interest. Defendant maintained current account No. 000310209724 in the Ratnapura Super Grade Branch of the Bank of Ceylon.

By letter plaintiff defendant requested for an overdraft facility in a sum of Rs. 4.5 Million for a period of three (3) months. Defendant submitted several cheques and withdrew money from time to time. Defendant defaulted in settling

the dues. District Court dismissed plaintiff action, on the basis of an absence of a written contract and over drawing Account not provided. Civil Appellat