Thursday Nov 14, 2024
Thursday Nov 14, 2024
Tuesday, 27 March 2018 00:05 - - {{hitsCtrl.values.hits}}
By S. S. Selvanayagam
The impugned parties – Hayleys Advants Ltd., UMI Shipping Ltd., Ocean Network Express (O.N.E) Lanka Ltd. - in the Writ petition of Parliamentarian Vasudeva Nanayakkara moved to intervene on the alleged failure to regulate restrictive practices in the shipping industry.
The Court of Appeal directed them to file application if they wish to intervene. The Bench comprising Justices P. Padman Surasena (President/CA) and Shiran Gooneratne fixed the petition to be heard on 4 December. Petitioner Vasudeva Nanayakkara in his petition alleges that the Ports and Shipping Minister is in breach of his legal duty by failure to make regulations in terms of the Merchant Shipping Act against the restrictive practices and/or monopolisation being carried out within the Sri Lankan shipping industry.
He cited Ports and Shipping Minister Mahinda Samarasinghe, Secretary to the Ministry of Ports and Shipping L. P. Jayampathy, Director General of Merchant Shipping Ajith Wickrama Seneviratne and Chairman of Sri Lanka Ports Authority Dr. Parakrama Dissanayake as Respondents.
Petitioner pleads restrictive practices are openly and deliberately being carried out in relation to the carriage of goods by sea in Sri Lanka.
He also pleads the largest shipping entities are monopolising and/or combining and/or conspiring with others to monopolise the carriage of goods by sea to and from Sri Lanka.
He is seeking the Court to issue an order directing the Minister to act in terms of the Merchant Shipping Act, and declare it as an offence for any person, either as principal or agent, to enter into contract or to be or continue to be a member of, or engage in any combination in relation to the carriage of goods by sea to and from Sri Lanka.
Faiz Musthapha PC with Faiza Markar, Akiel Dean and Rajika Aluvihara instructed by B.S.U.Fernando appeared for the Petitioner. Romesh de Silva PC, Ali Sabry PC, Sanjeeva Jayawardane PC appeared for the impugned parties.
