Commercial High Court judge R.Gurusinghe has dismissed a petition filed by Dialog Broadband Network Ltd (Dialog Broadband) 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 solutionsusing FTTH by Dialog.
Dialog Broadband, which is a fully owned subsidiary of Dialog Axiata PLC claimed a sum of Rs. 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.
The SLT made an application to the Commercial High Court to revoke relief granted to Dialog Broadband under the ex-parte Order on August 9, 2017. In the Commercial High Court case, the SLT further raised the preliminary objection that this action has been filed by the wrong party and the High Court Judge upheld the preliminary objection of SLT, delivering the order on August 8, 2018, dismissing in limine Dialog Broadband’s action and their claim of Rs.7.8 billion in damages from the SLT.
President's Counsel S.A.Parthalingam with counsel Chanaka de Silva, Niranjan Arulpragasam and Sachinda Kahandage instructed by Senior Counsel G.G.Arulpragasam appeared on behalf of Sri Lanka Telecom PLC.
President's Counsel Kanagishwaran with Counsel Lakshman Jeyakumar instructed by Counsel F.J.& G.De Saram appeared on behalf of Dialog Broadband Network (Pvt) Ltd.
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