Failure to observe natural justice principles renders a decision void and warrants judicial review.

ORDER

B. Sasi Mahendran, J.

This order pertains to whether notice to be issued and interim reliefs to be granted.

The Petitioner instituted this application by petition dated 20.07.2023 praying for the following reliefs:

a. For notices on the Respondents;

b. For a mandate in the nature of a writ of certiorari quashing the determination contained in “P10” that the Petitioner conducts and/or has conducted prohibited schemes and/or pyramid schemes and/or schemes punishable by law.;

c. For a mandate in the nature of a wit of certiorari quashing the decision of the Respondents to publish “P10” to the general public and/or give publicity to “P10” in the manner described in the Petition insofar as it relates to the Petitioner;

d. For a mandate in the nature of a writ of prohibition prohibiting the Respondents from taking any further action pursuant to the determination contained in P10 that the Petitioner conducts and/or has conducted prohibited scheme and/or pyramid schemes and/or schemes punishable by law.

e. For a mandate in the nature of a Writ of prohibition prohibiting the Respondents from giving any publicity to P10 inclusive of maintaining P10 on its website and/or exhibiting P 10 in any place and/or directing and/or encouraging any other person inclusive of commercial banks to exhibit P10;

f. For a mandate in the nature of a writ of mandamus directing the Respondents to withdraw P10 insofar as it relates to the Petitioner and to give equal and/or adequate publicity to the said withdrawal commensurate with the publicity given to P10;

g. For an interim order pending final determination staying/suspending the operation of P10;

h. For an interim order pending final determination staying/suspending the decision of the Respondents to publish “P10” to the general public and/or give publicity to “P10” in the manner described in Petition insofar as it relates to the petitioner;

i. For an interim order pending final determination restraining the Respondents from giving any publicity to P10 inclusive of maintaining P10 on its website and/or exhibiting P10 in any place and/or directing and/or encouraging any other person inclusive of commercial banks to exhibit P10;

j. For costs;

k. For such other reliefs as to Your Lordships’ seems meet.

The facts of this case are briefly as follows:

According to the Petitioner, the Petitioner is a company incorporated according to law. The Petitioner’s business is importing goods and selling the same to the customers in Sri Lanka. Once the consumer is satisfied, they encourage the customer to bring more customers providing a commission. But, once the goods are received by the customer who duly pays the consideration, the transactions end. Further, they assert that they do not force the customer to bring more customers. They have been conducting business in the aforesaid manner for the last 15 years. The Petitioner further states that the Petitioner is not involved in any form of financial activities such as investment or any undertaking in any form of cash deposits or cryptocurrency operations. To the utter surprise of the Petitioner on 29.06.2012, the Petitioner received a letter from the Central Bank informing that based on public complaints that the Petitioner company is conducting a business operation within the meaning of Section 83C (1) of the Banking Act No. 30 of 1988 as amended. Thereafter, the Bank conducted an investigation which revealed that the Petitioner is acting in contravention of the said Section by conducting a prohibited scheme specified in the said provision. The Petitioner further avers that, in 2017, the Financial Crimes Investigation Division conducted an investigation after which the Petitioner instituted an action in this Court bearing No. CA Writ 121/2017 challenging the communication dated 29.06.2012 issued by the Director of Bank to be quashed. This application was dismissed by the Court on the basis that the Petitioner’s rights were not violated as consequent steps were not taken by t