The Russian airline has requested the Colombo Commercial High Court today (03) to suspend the enjoining order preventing a Russian "Aeroflot" aircraft from leaving Sri Lanka.
Accordingly, the court ordered that the hearing on the relevant request be held on the 8th of this month.
The case was heard today through a motion.
The enjoining order was issued yesterday (02) by the Colombo Commercial High Court Judge after hearing a complaint filed by Celestial Aviation Trading Limited in Ireland.
The enjoining order will remain in effect until the 16th of this month.
Accordingly, Additional Solicitor General Sumathi Dharmawardena appeared for the Katunayake Airport and Air Traffic Controller who has been named as the second respondent in the case.
He stated that the Government of Sri Lanka is committed to facilitating the landing and departure of international aircraft in Sri Lanka in accordance with international agreements and bilateral agreements.
The Additional Solicitor General pointed out that the Director of the Civil Aviation Authority is empowered by law to facilitate the return of such landing aircraft and therefore the Court has no jurisdiction to issue such an injunction.
The Additional Solicitor General also complained that after the court issued an enjoining order yesterday (02), the court fiscal had gone to the air traffic control room and threatened to suspend the flight.
Commercial High Court Judge Harsha Sethunga stated that no enjoining order has been issued against the Katunayake Airport and the air traffic controller named as the second accused in the case.
The lawyer representing the Russian 'Aeroflot' airline stated that 191 passengers and 32 crew members of the flight were unable to leave Sri Lanka due to the enjoining order issued by the court yesterday. .
The lawyer pointed out that his client company had to keep the group in various hotels and that he had to bear a huge loss through that.
The lawyer representing the Russian airline told the court that the injunction had been obtained in view of the unfounded allegations made by the plaintiff's company and that a suspension order should be issued.
Accordingly, the court ordered that the hearing on the petition seeking suspension of the enjoining order be held on the 8th of this month.
The court also ordered the Irish company that filed the lawsuit to file objections if any.
The plaintiff states that it has a settlement case with the respondent Russian airline.
Therefore, the complainant had filed a complaint seeking an injunction restraining the flight of an aircraft belonging to the respondent airline from leaving Sri Lanka.
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