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Commercial High Court grants Interim Injunction against Omega Shipping and two employees


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Earlier in December 2016, Wilhelmsen Meridian Navigation Ltd. instituted three separate actions against three of its employees for unlawfully sharing commercially sensitive and confidential information belonging to Wilhelmsen Meridian Navigation Ltd. with Omega Shipping Ltd. The Commercial High Court upon being satisfied on a prima facie basis of the facts and evidence before Court issued enjoining orders against the three individuals namely Mohamed Rushan Hameed, Thilak Wickremasinghe and Sanjeewa Perera being former employees Wilhelmsen Meridian Navigation Ltd. and at the time employed at Omega Shipping Ltd. preventing them from disclosing confidential information and commercially sensitive information belonging to Wilhelmsen Meridian Navigation Ltd. to any party including Omega Shipping Ltd. or any of its subsidiaries. The Plaintiff Company Wilhelmsen Meridian Navigation Limited also submitted to Court a USB drive in confidential cover, containing all confidential information that was being used unlawfully by the said individuals. The submission of the USB drive with confidential information was a novel concept accepted by the Commercial High Court.

Upon obtaining further evidence, Wilhelmsen Meridian Navigation Ltd. instituted action against Omega Shipping Ltd. as well and obtained an enjoining order preventing Omega Shipping Ltd. from acquiring such confidential and commercially sensitive information belonging to Wilhelmsen Meridian Navigation Ltd.

Mohamed Rushan Hameed and Thilak Wickremasinghe who to date continue to be employed at Omega Shipping Ltd. and represented Omega Shipping in action instituted against it, were permitted to examine the said USB Drive and file objections on whether or not the interim injunction ought to be granted. Further extensive written and oral submissions were made to Court and subsequently on 24 August, the High Court Judge issued an interim injunction against the said Mohamed Rushan Hameed and Thilak Wickremasinghe preventing them from making use of and further disclosing to any party including Omega Shipping Ltd. and/or any of its subsidiaries commercially sensitive confidential information that the said individuals had obtained during their tenure at Wilhelmsen Meridian Navigation Limited. On 31 August the Commercial High Court also issued the interim injunction against Omega Shipping as well. 

The two former employees of Wilhelmsen Meridian Navigation Ltd. who are currently the alter ego of Omega Shipping Ltd. namely Mohamed Rushan Hameed and Thilak Wickremasinghe together with Omega Shipping and its Directors have also been summoned to the Magistrate’s Court of Colombo upon being charged with sharing of confidential information, enabling a competitor to gain undue advantage by the use of such information and conspiracy to carry out such actions.

Presidents Counsel Kuvera de Zoysa together with Nishan Premithratne and Ameer Mahuroof Attorneys-at-Law appeared for Wilhelmsen Meridian Navigation Ltd. on the instructions of Senior Attorney-at-Law G.G. Arulpragasm.

 


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