Newsletter

Supreme Administrative Court Considers Lawsuit Against Bangkok and Krungthep Thanakom Over Green Line Project

Bangkok-Krungthep Thanakom to contest charges filed by the NACC in the Supreme Administrative Court

Bangkok-Krungthep Thanakom, the operator of the Green Line train, is set to defend themselves against charges filed by the National Anti-Corruption Commission (NACC) in the Supreme Administrative Court. The NACC has accused the former governor of Bangkok and 13 others of hiring the Green Line operator in 2012. Additionally, the operator, BTSC, is seeking ten billion baht in damages.

According to sources from Bangkok, the first hearing of the Supreme Administrative Court took place on August 26, 2023. During the hearing, the Bangkok Mass Transit System (BTSC) lodged a lawsuit against the Bangkok Metropolitan Administration (BMA) and Krungthep Thanakom Co., Ltd. (KT). The lawsuit alleges that both BMA and KT violated the contract for the operation and maintenance of the Green Line Project, leading BTSC to seek compensation under the terms of the contract.

The core of the lawsuit revolves around the accusation that BMA and KT breached the contract for the operation and maintenance services of the Green Line Project. The contract, known as Kor Thor Sor 006/55 Lor Wor 3 May 2012, included two extensions. If the defendants fail to compensate BTSC as required by the contract, it causes significant damage to BTSC.

The Central Administrative Court has already ruled in favor of BTSC, ordering BMA and KT to jointly pay 11.7 billion baht in compensation. This amount includes operation and maintenance fees for the Green Line Extension 1, as well as interest and debt related to the second extension. The defendants have 180 days to fulfill this payment.

In a separate development, Krungthep Thanakom has filed a case against the NACC regarding charges related to the Green Line. Krungthep Thanakom has requested that the Supreme Administrative Court obtain information from the NACC regarding the allegations against the former governor of Bangkok and the other individuals involved. The case is centered on accusations of non-compliance with the Act on Private Participation and Offenses Relating to Requests to Government Agencies Act, 1999, which allegedly favored BTSC.

During the first hearing, the judge rejected the evidence supporting the NACC decision due to its absence from the Central Administrative Court’s previous judgment. Krungthep Thanakom’s lawyer argued that this case affects public safety, as approximately one million people in Bangkok rely on the Green Line train service each year. The judge emphasized the need for evidence to be presented and considered in the public interest.

The progress of the case now depends on the Supreme Administrative Court’s consideration of the new evidence. Meanwhile, BTSC has issued a statement opposing the NACC’s additional allegations, as they were not presented during the previous court proceedings.

Furthermore, BTSC has filed another lawsuit against the Administrative Court, demanding operating costs for the Green Line’s additional sections. This case awaits an appointment from the Central Administrative Court.

Regarding the NACC’s allegations against the former governor of Bangkok and others, Krungthep Thanakom has requested the NACC’s chairman to suspend its current executives as witnesses. The NACC is currently considering this request.

Note: Photo source – Krungthep Thanakom.

‘Bangkok-Krungthep Thanakom’ to win ‘Judiciary of the Supreme Administrative Court’ accept – not accept the case The NACC filed charges against the former governor of Bangkok and 13 others for hiring a Green Line train operator in 2012 as new evidence in by BTSC is suing for ten billion baht in damages.

Issara news agency (www.isranews.org) that a news source from Bangkok (Bangkok) revealed on August 26, 2023, after the first hearing of the Supreme Administrative Court in the case Plc. The Bangkok Mass Transit System (BTSC) filed a lawsuit against the Bangkok Metropolitan Administration (BMA) and Krungdhet Thanakom Co., Ltd. (KT) for breaching the contract for the operation and maintenance of the Green Line Project. to apply for compensation under the contract

The main point of the lawsuit is that BTSC is accusing BMA and Krungthep Thanakom. Breaking the contract for operation and maintenance services for Green Line Project vehicles The 1st extension according to contract number Kor Thor Sor 006/55 Lor Wor 3 May 2012 and the second extension according to contract number Kor Thor Sor 024/ 59 Lor Wor 1 Sor C. 2016 if that happens both defendants fail to pay compensation under the contract to the plaintiff. The complainant has a letter from Lor Wor. 18 September 2020 and Lor Wor’s letter. 15 January 2021 requiring both defendants to pay the compensation according to the contract. but the two accused ignored causing damage to the prosecutor

In this case, the Central Administrative Court ruled that BMA and KT jointly paid a total of 11.7 billion baht to BTSC, including operation and maintenance fees for the Green Line Extension 1, On Nut – Samrong section, and Saphan Taksin – Bang Wa section, amount 2,348 million baht, interest from extension 1, amount 2,199 million baht, debt for operation and maintenance of extension 2, Mo Chit – Khot Khot section and steal – Samut Prakan section, amount 9,406 million baht , and interest from the 2nd extension, in the amount of 8,786 million baht, to be paid within 180 days from the date of the final case.

@Krungthep Thanakom Filed a case against the NACC reporting charges against the Green Line as new evidence

Recently, news sources from Bangkok revealed that After attending the first trial appointment On the Bangkok side, the management did not go. But having assigned the Attorney General to As for KT, she knew that Mr Prasaeng Mongkolsiri, Managing Director, is the one who is going to hear the consideration himself

The important thing is that the Bangkok Metropolitan Administration gave that to the Supreme Administrative Court made a memorandum assigning Krungthep Thanakom to act It is considered to be released from the responsibility of Bangkok, which is a conflict between Krungthep Thanakom and BTSC. made a statement asking the judge of the Supreme Administrative Court to receive information from the National Anti-Corruption Commission (NACC) reporting on the allegations MR Sukhumphan Paribatra, while serving as the Governor of Bangkok, and a total of 13 people in the case of hiring BTSC to implementing the extension to the Green Line of 3 routes until 2042 is a case of avoidance and non-compliance with the Act on Private Participation. 2535 and Offenses Relating to Requests to Government Agencies Act, 1999 and which favors BTSC only.

However, in the first hearing, the judge made the statement of the administrative case Statement of rejection of evidence that supports the NACC decision on such cases. because he was not present in the first judgment of the Central Administrative Court Krungthep Thanakom’s lawyer argued that so This case affects security. because the stakeholders in this case About 1 million people in Bangkok use the Green Line train service every year, so they asked the Supreme Administrative Court to consider these aspects. in the public interest

The judge who presented the case still insisted that no such evidence was included in the case file. because he was not mentioned in the Central Administrative Court But two members of the judiciary who took part in the first trial asked for the new evidence to be presented. and if the administrative department had considered this evidence Therefore, after this, it will be necessary to wait for the Supreme Administrative Court to be considered further.

A news source from Bangkok revealed that After offering to delete the issues After the NACC reported additional allegations as evidence, the BTSC immediately issued a statement opposing it. because such evidence did not appear in the Central Administrative Court

Regarding the case that BTSC filed a lawsuit against the Administrative Court demanding operating costs for the Green Line electric train during the Mo Chit – Saphan Mai – Khu Khot section and the Bearing – Kheha Samut Prakan section. Or the 2nd extension, about 10,600 million additional baht, by suing Bangkok (Bangkok) as the 1st defendant and Krungthep Thanakom, the 2nd defendant, still waiting for an appointment from the Central Administrative Court.

@Request the President of the NACC as witnesses, still waiting for consideration.

while there is progress after NACC has filed allegations MR Sukhumpha Former Bangkok Governor and 13 others, including Krungthep Thanakom executives News source from Bangkok. revealed that Krungthep Thanakom asked NACC suspends current executives as witnesses The investigating officer responded to Krungthep Thanakom executives. Make a letter of request to the Gen Pol. Watcharaphon Prasarnratchakij, chairman of the NACC, because it is the power and duty of the chairman of the committee. NACC which can be presented at the board meeting NACC considers it in stages. Krungthep Thanakom has already made a letter to the chairman of the NACC and is waiting to be considered.

Photo source: Krungthep Thanakom

#Krungthep #Thanakom #presents #problem #NACC #reporting #charges #evidence #BTSC