Court reaffirms conditional approval for BYD imports

The order was made following motions filed by John Keells CG Auto (Pvt) Ltd seeking approval to import 450 units of the Atto-2 model and a further 400 units of the BYD Dolphin Dynamic 70 kW 

By Lakmal Sooriyagoda  

The Court of Appeal has ordered that the importation of specified BYD vehicle consignments be permitted on the same basis as previously directed by court, subject to the submission of a corporate guarantee covering the duty difference.  

The order was made following motions filed by John Keells CG Auto (Pvt) Ltd seeking approval to import 450 units of the Atto-2 model and a further 400 units of the BYD Dolphin Dynamic 70 kW. The petitioner company also sought directions that all future imports of identical models be released under similar terms, without the need to seek court approval on each occasion.  

President’s Counsel Farzana Jameel with Counsel Riad Ameen, Varana Wijenayeke and Shahani Mackie appearing for the petitioner company, submitted that the application did not seek to go beyond the scope of earlier court orders issued on December 19, 2025, which encompassed future consignments and were themselves subject to a November 11, 2025 order permitting release on a corporate guarantee. She argued that requiring the company to move court each time it intended to place an order was impractical and would unnecessarily burden both the petitioner and the court.  

Deputy Solicitor General Chaya Sri Nammuni, representing Sri Lanka Customs (SLC) informed court that SLC had no objection to the release of the 450 Atto-2 units and the 400 Dolphin vehicles. However, the SLC objected to what it described as an “open-ended” order for future imports, noting that Customs must be informed of the quantity, model and order details of each shipment to carry out its regulatory functions.   

Having heard both sides, the Court observed that bona fide and innocent purchasers were being affected by the delays. The Court of Appeal bench headed by Justice (President) Rohantha Abeysuriya stressed that Customs should expedite the ongoing testing process to resolve the matter.  

The Court also agreed with the petitioner’s counsel that requiring repeated applications for each shipment would unnecessarily consume judicial time.  

In response, SLC assured the court that testing was underway and that the delay was partly due to pending information. The SLC undertook to expedite the process but maintained its position against granting an unrestricted order for future imports.  

The Court subsequently suggested a procedural compromise, directing that the petitioner provide prior written notice to SLC before each future shipment. This, the Court noted, would eliminate the need for repeated court applications while ensuring that SLC receives sufficient advance details to carry out standard verification procedures.  

The SLC agreed to the proposal, assuring that consignments would be cleared without delay, subject to compliance with standard verification requirements.  

Accordingly, the Court ordered that the requested imports be allowed on the same basis as earlier directives, subject to the submission of a corporate guarantee for the duty difference. Future imports of the specified BYD models will also be permitted, provided that prior written notice is given to Sri Lanka Customs.