Airport and Aviation Services enjoined by Commercial CHC

By S.S. Selvanayagam

The Commercial High Court of Colombo issued an Enjoining Order against Airport and Aviation Services (Sri Lanka) Ltd., restraining it from taking any measures from awarding the franchise of advertising in Pier No 1 including Boarding Gates of Bandaranaike International Airport till 1 March.

High Court Judge M. Prasantha De Silva issued this order pursuant to the plaint of aggrieved Plaintiff Richardson Outdoor Ltd.

Chandaka Jayasundere PC with Shivaan Kanag Iswaran and Rehan Almeida instructed by Moahan Balendra appeared for the Plaintiff. The plaintiff complained to the High Court that notwithstanding its bid being recommended by the Tender Evaluation Committee and a Letter of Award being issued to the Plaintiff, the Defendant has failed and refused to take any steps to meet with the Plaintiff to implement the project instead the Defendant took steps to extend and/or enter into a new contract with previous franchise holder.

The Plaintiff in its legal actions bemoans that despite numerous attempts by it to meet the Defendant to initiate the project awarded in the tender, the Defendant has consistently failed/refused to take any measures to meet with the Plaintiff to date.

Plaintiff laments however the Defendant has taken steps to extend the arrangement/contract with the previous franchise holder R.N. Media Ltd. in complete violation of the law and the respective rights and obligations of the Plaintiff under the terms and conditions of the contract.

It alleged the Defendant has requested the previous franchise holder to provide the services and that the inaction of the Defendant to communicate with the Plaintiff is a clear indication of the Defendant’s mala fide (abuse of position with intent to deceive) intention to refrain from continuing with the contract entered into between the Plaintiff and the Defendant.