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Court dismisses Dialog Broadband Petition against SLT

The Commercial High Court judge Hon. Ratnapriya Gurusinghe has dismissed the petition filed by Dialog Broadband Network Ltd (Dialog Broadband) on 18.07.2017 against Sri Lanka Telecom PLC (SLT) regarding the alleged violation of Intellectual Property Rights by SLT relating to GPON RFP to build last mile fibre solutions using FTTH by Dialog. Dialog Broadband, which is a fully owned subsidiary of Dialog Axiata PLC claimed a sum of Rupees 7.8 Billion among other relief from SLT under their petition on the basis that SLT has referred to GPON RFP under District Court case No. DSP 88/2017 which was filed by SLT on 06.06.2017 against Dialog Axiata PLC purporting violation of Sri Lanka Telecommunications Act by Dialog Axiata PLC. SLT made an application to Commercial High Court to revoke relief granted to Dialog Broadband under the ex parte Order on 09.08.2017. In the Commercial High Court case, SLT further raised the preliminary objection that this action has been filed by the wrong party and the High Court Judge Hon. Ratnapriya Gurusinghe upheld the preliminary objection of SLT, delivering the order on 08.08.2018, dismissing in limine Dialog Broadband’s action and their claim of Rupees 7.8 Billion in damages from SLT.

Mr. S.A.Parthalingam PC with Mr.Chanaka de Silva, Mr.Niranjan Arulpragasam and Mr.Sachinda Kahandage Attorneys-at-Law instructed by Mr.G.G.Arulpragasam Attorney-at-Law appeared on behalf of Sri Lanka Telecom PLC. Dr. Kanagishwaran PC with Mr. LakshmanJeyakumar Attorney-at-Law instructed by F.J & G De Saram Attorneys-at-Law appeared on behalf of Dialog Broadband Network (Pvt) Ltd.