Annual Report 2005
18.5 The Company had commitments from various services agreements, under which, the Company has commitments in respect of service fees. Under the agreements, the Company has outstanding commitments to pay related fees totaling of approximately Baht 21 million. 18.6 The subsidiaries had commitments in respect of car rental agreement, and rental of office building agreements and related service agreements, under which, the subsidiaries have outstanding commitments to pay rental and service fees totaling of approximately Baht 13.7 million. 18.7 The subsidiary had commitments in respect of agreements for construction and design of infrastructure system of retail space in the underground stations totaling of approximately Baht 74 million.
19. LITIGATIONS On 10 October 2002, Alstom Transport S.A. (the first plaintiff) and Alstom Holdings (Thailand) Company Limited (the second plaintiff), as plaintiffs, filed a lawsuit against the Company with the Intellectual Properties and International Trade Court, seeking damages of approximately Baht 1,382 million. In addition, on 16 December 2002, Mitsubishi Electric Corporation (the third plaintiff), as plaintiff, filed a lawsuit against the Company with the Intellectual Properties and International Trade Court, seeking damages amounting to approximately Baht 621 million. The amounts claimed are the losses allegedly suffered by these companies as a result of the Company’s changing the contractor for procurement and maintenance of M&E Equipment and Trackwork for the MRTA Initial System Project - Chaloem Ratchamongkhon Line, whereby the said companies had incurred costs in relation to their performance of the Start-up Phase Works in accordance with the stipulations of the Memorandum of Agreement dated 1 September 2000 made between the Company and the consortium formed by these companies.
On 21 January 2003 and 28 January 2003, the Company filed defence testimony and countersuit with the Intellectual Properties and International Trade Court in relation to the lawsuit brought by Alstom Transport S.A. and Alstom Holdings (Thailand) Company Limited, as plaintiffs, and the lawsuit brought by Mitsubishi Electric Corporation, as plaintiff, respectively, requesting that the Court dismiss both cases and seeking damages from the plaintiffs totaling Baht 3,522 million.
On 8 July 2004, the Court had fixed a date of 28 September 2004 to allow the parties to try to compromise. In addition, the Intellectual Properties and International Trade Court fixed dates of 8, 9 and 10 March 2005 in order to settle the issue of dispute.
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