16 July 2022 01:06 am Views - 121
By Lakmal Sooriyagoda
The Colombo Commercial High Court yesterday ordered to dismiss the case filed against Russian Aeroflot flight with cost. High Court Judge Sumith Perera ordered to dismiss this case after considering the objections raised by Attorney General and Aeroflot Russian Airlines.
Additional Solicitor General Sumathi Dharmawardena PC appearing for the Airport and Aviation Services Ltd (second defendant) moved court to reject this plaint since the Russian Aeroflot flight has left the territorial jurisdiction of the court. He further moved Court to dismiss the plaint in terms of section 56 of the Civil Procedure Code since there is no cause of action to proceed with the plaint.
On June 6, the Colombo Commercial High Court issued an order suspending operation of the Enjoining Order previously issued against Russian Aeroflot flight, after taking into consideration facts presented by parties including the Attorney General to the effect that the Enjoining Order had been obtained by misleading the court and misrepresentation of facts.
On June 2, the Colombo Commercial High Court issued an Enjoining Order preventing a Russian Aeroflot flight from taking off within the territorial jurisdiction of Sri Lanka pursuant to a request made by Celestial Aviation Trading Limited in Ireland.
The plaintiff Celestial Aviation Trading Limited in Ireland obtained this Enjoining Order against Aeroflot Russian Airlines for its failure to comply with the terms of a Lease Agreement between the two parties.
In this application, the plaintiff company had named the Public Joint Stock Company-Aeroflot Russian Airlines and N.C. Abeywardena Acting Head of Air Navigation Services as the defendants of the petition.
Avindra Rodrigo PC appeared for the plaintiff. Additional Solicitor General Sumathi Dharmawardena PC with SDSG Mahen Gopallawa and DSG Rajiv Gunatilleke appeared for the second defendant.