–State has to exercise reasonable care in use and maintenance of equipment
–to be returned to Synergy immediately upon completion of project
ACTING Chief Justice Ian Chang, S.C., yesterday discharged a conservatory order which had been granted in favour of Synergy Holdings INC. on condition that the equipment be used for no other purpose than the contract project. According to the Chief Justice, the State has to exercise reasonable care in use and maintenance of the equipment, and same must be returned to Synergy immediately upon completion of the project.
It was pointed out that an affidavit in answer is to be filed to the substantive motion within seven days, and a reply, if necessary, also within seven days.
The matter was adjourned to March, 28, 2012 at 11:00hrs.
The conservatory order was acquired through ex-parte application by Makeshwar Motilall, known as Fip Motilall, of Palm Beach, Florida, USA and also of 117 John Smith Street, Section “M”, Campbellville, who swore that he is the President and Chief Executive Officer of Synergy Holdings Inc., a company incorporated in the State of Florida and registered in Guyana as an external company under the Companies Act No. 29/1991.
According to Motilall, during the years up to and including 2010, the Government of Guyana had published its policy of constructing at Amaila Falls, in the interior region of Guyana, a hydro-dam for the purpose of generating electricity to supplement the current fossil fuel-based generating capabilities of the electrical utilities presently operating in Guyana.
Synergy Holdings tendered for the contract to clear the forest and construct the said road, and was awarded the contract after an evaluation of the competing tenders; and, on March 18, 2010, executed with the Government of Guyana the original agreement.
Mr. Walter Willis, Technical Adviser to the Ministry of Public Works and Communications, made the supplementary affidavit, asking that the conservatory order be discharged, since “I have been advised by my attorneys that the instant application is wholly without merit, misconceived, and (is) an abuse of the process of the court”.
Representing the Attorney General yesterday in Chambers of the Chief Justice was Solicitor General Mr. Nareshwar Harnanan.
(George Barclay)