Following appeal: Airway Coffee can still operate at airport

Justice Rehana Mungly-Gulbul, sitting at the Bankruptcy Division of the Supreme Court, has ordered last week the liquidation of Airway Coffee Co. Ltd, whose owner is Nandanee Soornack. A petition has been submitted to this effect by airport operators Airports of Mauritius Co. Ltd (AML) and Airport Terminal Operations Ltd (ATOL). However, the procedure for winding up of Airway Coffee has been stayed following the appeal lodged by Mrs Soornack’s Attorney. The respondent company has contested its insolvency stating that it is not agreeable to the two amounts claimed but is prepared to pay its debts. Once an agreement is being reached. The winding up order against the respondent and the appointment of Yuvraj Thacoor as provisional liquidator has been suspended pending the ruling of the Appeal Court. Both operators are claiming that Airway Coffee owes them Rs 23.4 million and Rs 62.5 million respectively. On 3 June 2010, Airway Coffee entered into a concession/lease agreement with AML and on 17 December 2012, with ATOL for the rental of premises at the SSR International Airport for the operation of food and beverages services. For the Judge, the case is a clear-cut one. The debts having been accepted by the respondent on 3 February 2016, the only remaining issue as from that date, was the modality for payment. Petitioner ATOL has revised the sum claimed from Rs 62.5 million to Rs 59.8 million. The Court Order comprises: the winding up of Airway Coffee, the appointment of Yuvraj Thacoor as the provisional liquidator and the dissolution proceedings to be completed at latest by the end of 31 October 2016 and a report to be made to the Court.