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| Thursday, 17 July 2003 |
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by Wasantha Ramanayake The Supreme Court yesterday restored the interim order restraining the Mundogas Company from accepting empty Liquid Petroleum Gas (LPG) cylinders bearing any trademark for filling/refilling purposes, that was vacated by the Court of Appeal on June 24. The order would be valid until the final determination of the writ application that was pending before the Court of Appeal. The Bench comprised Chief Justice Sarath N. Silva PC, and Justice H.S. Yapa and Nihal Jayasinghe. Counsel Gamini Marapana PC submitted that the directive issued by the Consumer Affairs Authority and its Chairman enabling LP gas companies to accept LP Gas cylinders of any make for filling or refilling purposes as in order to safeguard the interests of the consumers by breaking the monopoly in the market. He also submitted that the said directives would promote the healthy competition among the others players. The Court observed that the said directives would not promote the competition. Counsel S. L. Gunasekera for Mundogas submitted that he would defend the said directives on the basis that customers were the owners of the empty cylinders. He further submitted said the petitioner company came to courts on the basis that it was the owner of empty gas cylinders. And if the consumers were the owners once they bought the cylinders, they could get it refiled by any company. Chief Justice Sarath Silva PC noted that Mundogas could not claim the ownership on behalf of the consumers. |
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