Fonnys Pvt Ltd. V Sri Lanka Ports Authority – sllr 2004 volume 2 page 108

The case between FONNYS PVT LTD. and SRI LANKA PORTS AUTHORITY addressed the issue of whether a waiver order for demurrage rent issued by the Finance Manager excluded basic rent and other port charges. It was held that the waiver pertained only to penal charges (demurrage) and did not extend to basic rent or other statutory dues. Reaffirming the principle that statutory authorities possess limited power to grant waivers strictly in accordance with enabling legislation, the decision relied on the Sri Lanka Ports Authority Act (No. 51 of 1979) and relevant tariff provisions. The findings emphasized the separate and distinct nature of penal demurrage and basic rent, with relief from one not implying relief from the other, and dismissed the petitioner’s claim for writs of certiorari and mandam

REF: sllr 2004 volume 2 page 108 Category: Tag:
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