CTC to file appeal to SC for interim relief on sale of capsulated products

Wednesday, 22 November 2023 00:28 - - {{hitsCtrl.values.hits}}

Ceylon Tobacco Company (CTC) said yesterday it is in the process of filing an appeal to the Supreme Court in respect of interim relief on the sale of capsulated products.

This is following earlier this week the Court of Appeal issuing an order declaring that the Court entertains the case filed by CTC to render a final judgement but is not inclined to make an interim order as sought by CTC.

“CTC has not received a copy of this order yet, but pending the issuance of the same, CTC is in the process of filing an appeal to the Supreme Court in respect of interim relief,” the company said in a filing to the Colombo Stock Exchange.

In January 2023, CTC instituted a writ application in the Court of Appeal against National

Authority on Tobacco and Alcohol (NATA), and some authorised officers thereof, who instigated action in the latter part of 2022, claiming that the capsulated products of CTC are prohibited under the Prohibited Tobacco Products Regulations of 2016.

In that writ application, after hearing the submissions of counsel for CTC, the Court decided that there is a prima facie case established by CTC, which warrants the Court to proceed to hear and determine the matter after a fuller hearing. Accordingly, the Court made a judicial order, calling upon the Respondents to show cause as to why the relief sought by CTC should not be granted by the Court and hence, the said court case, is now pending final determination, before the Court of Appeal.

The Respondents are required to formally file their statement of objections before the Court and the Court, after CTC files counter pleadings thereafter, will proceed to hear the case and proceed to deliver a final judgement in due course.

Pending the final determination of the said writ application, CTC had also sought an interim order from the Court of Appeal to prevent further raids.