The Colombo Commercial High Court set July 15 as the date for its decision on the Attorney General’s request to dismiss the case filed against the Russian Aeroflot flight.
Although this case was originally heard before Colombo Commercial High Court Judge Harsha Setunga, it was remanded to High Court Judge Sumith Perera yesterday.
Additional Solicitor General Sumathi Dharmawardena PC, representing the Airport and Aviation Services Ltd (second defendant), moved the court to dismiss the plaint because the Russian Aeroflot flight had left the court’s territorial jurisdiction. He asked the Court to dismiss the plaint under section 56 of the Civil Procedure Code because there is no cause of action to pursue.
On June 6, the Colombo Commercial High Court issued an order suspending the operation of Enjoining Order previously issued against the 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.
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 failing to comply with the terms of a two-party Lease Agreement.
The plaintiff company named as defendants the Public Joint Stock Company-Aeroflot Russian Airlines and N.C. Abeywardena Acting Head of Air Navigation Services in this application.
The plaintiff was represented by Avindra Rodrigo PC. The second defendant was represented by Additional Solicitor General Sumathi Dharmawardena PC, SDSG Mahen Gopallawa, and DSG Rajiv Gunatilleke.