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Progress of Cases between AOT and KPD

BackNov 28, 2008

 
                               (Translation)
Ref.No. 9074                                  27 November 2008
Subject: Progress Report on the Settlement of Cases between Airports of
         Thailand Public Company Limited and the King Power International
         Group
To:      President,
          The Stock Exchange of Thailand

         Airports of Thailand Public Company Limited (AOT) would like to
report the progress of the settlement of cases between AOT and the King Power
International Group, namely Civil Court Case Black No. 2440/2007 between
King Power Suvarnabhumi Co., Ltd. (KPS), Plaintiff and AOT, Defendant, and
Civil Court Case Black No. 2441/2007 between King Power Duty Free Co., Ltd.
(KPD), Plaintiff and AOT, Defendant, as follows:
              1. On November 25, 2008, KPS and KPD submitted a request for
withdrawal of Civil Court Case Black No. 2440/2007 and Civil Court Case
Black No. 2441/2007, stating that both plaintiffs and defendant had
acknowledged the facts that:
                   1.1 The study, which was conducted by the two independent
consultancy firms under approval of the Securities and Exchange Commission,
namely Finanza Securities Co., Ltd. and Sinasia Securities Co., Ltd., found
that the value of the investment, in both public and private sectors in
duty-free shops project and commercial activities project, was below one
billion baht; the case of which was not required to be in accordance with the
Public-Private Joint Venture Act B.E.2535. Both parties agreed that the
concession contract to operate duty-free shops at Suvarnabhumi Airport and
Regional Airports Ref.No. SA. 1-07/2004, dated April 20, 2004 and the
concession contract to manage commercial activities at Suvarnabhumi Airport
Terminal Ref.No. SA.1-01/2005, dated March 25, 2005, were deemed legitimate.
                  1.2 The plaintiffs (KPD and KPS) agreed not to claim for
any damages incurred from these cases, from the date the contracts had been
enforced to the date the Civil Court had permitted the plaintiffs (KPD and KPS)
to withdraw the cases, on the grounds that the plaintiffs actually operated the
commercial space after the fulfillment of the contracts, thereby causing the
investment value to be in excess of one billion baht. Both parties agreed to
further proceed and follow any procedures as stipulated in the Public-Private
Joint Venture Act B.E.2535.
                2. On November 26, 2008, the Civil Court scheduled the hearing
of the results of reconciliation in the Civil Court Case Black No. 2441/2007
between KPD, Plaintiff and AOT, Defendant, stating that the plaintiff no longer
intended to file any lawsuit against the defendant. The plaintiff requested to
withdraw this case from the case list and the defendant had no objection to it.
The Civil Court, therefore, allowed the plaintiff to withdraw the case from the
case list.
         For the Civil Court Case Black No. 2440/2007 between KPS, Plaintiff
and AOT, Defendant, it is awaiting the hearing of the Civil Court, of which AOT
will inform afterwards.


                                         Yours sincerely,

                                     (CHIRAPORN CHEMNASIRI)
                             Executive Vice President (Planning and Finance)
                                           Authorized person
Corporate Secretary Office
Tel. 0-2535-5657
Fax. 0-2535-5540

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