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by Kumar Wethasinghe

Additional District Judge of Mount Lavinia Irangani Perera made order against a canned fish company, when the court entered a decree of absolute claim made by the Hatton National Bank for recover of Rs. 123 million together with costs, dues from Araliya Impex Ltd.

According to the order the court had refused the defendant including its directors and guarantors leave to appear and or defend the application made against them by the HNB and entered decree absolute in favour of the HNB as prayed for in the plaint.

The defendant a respected importer of food items mainly canned fish had engaged in several financial transactions with the Bank. It was established that the defendant had not repaid the monies obtained by the bank by way of loans and temporary overdrafts.

Further the court held that the defendant's answer and the affidavit filed was not in conformity with Section 437 and 438 of the Civil Procedure Code and that the said affidavit could not be accepted as legally valid.

Accordingly, the Order Nisi initially issued against the defendant company following the facts prima facea establishment by the plaintiff bank the court entered decree absolute in favour of the HNB, to recover a sum of Rs. 123,183,025.19.

Romesh de Silva PC with Palitha Kumarasinghe and Geethaka Goonawardena appeared for the plaintiff instructed by G. Kodagoda.

M/s Abdeen Associates appeared for the defendants.

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Copyright 2001 The Associated Newspapers of Ceylon Ltd.
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