The case against Aeroflot airlines dismissed

July 15, 2022

The Colombo Commercial High Court dismissed the case filed against the Russian Aeroflot flight with cost.High Court Judge Sumith Perera dismissed this case after considering the objections by Attorney General and Aeroflot Russian Airlines. Additional Solicitor General Sumathi Dharmawardena PC appearing for the Airport and Aviation Services Ltd (second defendant) moved the court, to reject this petition since the Russian Aeroflot flight has left the territorial jurisdiction of Sri Lanka.

He further moved the Court to dismiss the petition n terms of section 56 of the Civil Procedure Code since there is no cause for action to proceed with the matter. On June 6, the Colombo Commercial High Court issued an order suspending the Enjoining Order previously issued against the Russian Aeroflot flight after considering the 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 failing 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, is the defendant of the petition.

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