The Court of Appeal has issued an interim order preventing a Board of Investment (BOI)-licensed company from removing, exporting, selling or further modifying two luxury vehicles at the centre of a dispute with a Canadian company.
The order was issued on August 7 by a bench comprising Justices R. Gurusinghe and A. Premashankar after the court permitted an urgent application filed by Canada-based Atlantic Auto Performance Ltd. to be heard on exceptional circumstances.
Atlantic Auto, which exports American and other high-end vehicles to international markets, had regularly sent vehicles to Sri Lanka for conversion from left-hand drive to right-hand drive by the BOI-licensed company.
According to the petition, the dispute concerns two 2024 Lincoln Navigator L Black Label vehicles valued at approximately USD 260,000.
Atlantic Auto alleged that the vehicles were shipped to Sri Lanka after an advance payment was made, on the understanding that the balance would be settled before the vehicles were released from the Colombo Port.
However, the petitioner alleged that the vehicles were cleared and subsequently converted without its consent and without payment of the outstanding amount, which it alleged constituted fraud.
Atlantic Auto told court that it sought relief from the Court of Appeal because the vehicles were in the possession of a BOI company and that, under the applicable BOI law, courts of first instance are restricted from granting injunctive relief without a hearing.
The company argued that any delay could result in the vehicles being shipped out of Sri Lanka to another country. It also informed court that its CEO and a director had travelled to Sri Lanka and that the threat of the vehicles being removed was imminent.
After considering the petition, evidence and submissions, the Court of Appeal issued notice on the respondents and granted an interim order effective until August 19, 2026.
The order prevents the respondent company and those acting on its behalf from removing, exporting, shipping, transporting, selling, transferring or otherwise parting with possession or control of the two vehicles.
The court also prohibited any further dismantling, conversion, alteration or modification of the vehicles, as well as the disposal of any of their parts or components.
Counsel Nishan Sydney Premathiratne appeared with Sasheen Aresecularatne, Shenali Dias and Sidath Gajanayaka, instructed by Chanuka Ekanayake, for Atlantic Auto. (Newswire)