Holcim (Lanka) Limited vs Mr. R. W. R. Pemasiri – CA WRIT 163/2012-2013

In the case between Holcim (Lanka) Limited and Mr. R. W. R. Pemasiri, Secretary, Ministry of Ports and Highways, and the Sri Lanka Ports Authority, the court addressed the issue of whether Holcim (Lanka) Limited could proceed with commencement of commercial operations, which had been challenged or regulated by the respondents. It was determined that, upon an undertaking from the respondents allowing commercial operations from 1st September 2013, the petitioner’s request for withdrawal was acceded to, and the application was pro-forma dismissed without costs. The decision reaffirmed the principle that where a respondent provides an undertaking ensuring the central relief sought, applications may be withdrawn and dismissed without costs. Reliance was placed on procedural discretion, undersco