AG requests to dismiss the case against Russian Aeroflot flight
The Airport and Aviation Services Ltd through the Attorney General's Department today filed a motion before Colombo Commercial High Court urging to dismiss the case filed against Russian Aeroflot flight.
On June 6, the Colombo Commercial High Court issued an order suspending the operation of Enjoining Order issued against Russian Aeroflot flight, after taking into consideration facts presented by parties including the Attorney General to effect that the Enjoining Order had been obtained by misleading the court and misrepresentation of facts.
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 moved Court to dismiss the plaint in terms of section 56 of the Civil Procedure Code.
"There is no cause of action to proceed with the plaint since there is no flight in Sri Lanka.
An order made by Court should be within the framework of the public policy of Sri Lanka," Dharmawardena said.
Dr. Lasantha Hettiarachchi, appearing for the Russian Airlines sought the earliest possible date for the matter to be taken up for inquiry since the Aeroflot flights have suspended operations to Sri Lanka.
Taking into consideration facts, Colombo Commercial High Court Judge Harsha Sethunge fixed the matter for inquiry on July 5.
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.
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 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.