M/S Minar Travels India Pvt. Ltd. vs Jupiter Luxury Resorts And Spa & ...

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+      CS(OS) 2016/2008

       M/S MINAR TRAVELS INDIA PVT. LTD.           ..... Plaintiff
                    Through: Mr. D.D. Singh, Advocate.

                           versus

       JUPITER LUXURY RESORTS AND SPA & ANR. ..... Defendants
                    Through: None.

%                                     Date of Decision: 05th April, 2013.

       CORAM:
       HON'BLE MR. JUSTICE MANMOHAN

                               JUDGMENT

MANMOHAN, J (Oral):

I.A. 5127/2010 in CS(OS) 2016/2008 Learned counsel for plaintiff/applicant wishes to withdraw the present application.

Accordingly, the same is dismissed as withdrawn. CS(OS) 2016/2008

1. Present suit has been filed with the following prayers:-

"A) A decree of Rs.36,13,913.50 PS/- (Rs. Thirty Six Lacs Thirteen Thousand Nine Hundred & paisa Fifty Only) be passed in favour of the plaintiff company and against the defendants.

B) Interest @ 18% p.a. from the date of filing the present suit till its realization may also be awarded to the CS(OS) 2016/2008 Page 1 of 4 plaintiff company and against the defendants.

C) Cost of the suit be also passed/awarded to the plaintiff company and against the defendant. Such other relief which this Hon'ble Court deems fit and expedient under the circumstances be also awarded in favour of the plaintiff company and against the defendants."

2. Briefly stated the facts of the present case are that plaintiff company besides acting as a Group Selling Agent (GSA) for International Airlines is also engaged in the business of organizing tours for foreign tourists. Defendant No.1 is a Resort, which is owned by defendant No.2-company.

3. It is stated that during tourist season 2005-2006, plaintiff and the defendant No.2 entered into a contract dated 04th October, 2005 whereunder an advance of Rs.17 lakhs was paid by the plaintiff to defendant No.2- company. At the end of the season, an amount of Rs.5 lakhs remained unadjusted as credit in favour of the plaintiff in defendants' books.

4. For the season 2006-2007, a separate contract was executed between the plaintiff and defendant No.2. In pursuance to the said agreement, plaintiff company advanced Rs.50 lakhs to the defendants by adjusting Rs.5 lakhs balance lying with the defendants for 2005-2006. Another sum of Rs.15,48,695/- was also paid by the plaintiff to the defendants during the said season.

5. Defendants raised bills amounting to Rs.37,91,173.50/-. Defendants also issued a credit note for Rs.1,30,500/- for unutilised services during 2005-2006.

6. Consequently, at the end of the season, a total of Rs.28,88,021.50/- stood outstanding to plaintiff's credit in the defendants books. The said acknowledgement is dated 04th July, 2007 and is marked as Ex.PW1/58.

7. On 10th October, 2007 for the tourist season 2007-2008, two separate contracts for tourists and Transaero crew were executed. As per the agreement, out of the total bill amount, 50% was to be adjusted from the advance lying with the defendants and balance 50% of the bill amount was to be paid by the plaintiff.

8. In October 2007, Rs.8,50,000/- was further paid as advance to enable the defendants to lodge the Transaero Airline crew.

9. However, it is stated that the defendants refused to accommodate the crew on the date of their arrival thereby forcing the plaintiff to make alternative arrangements at a cost of Rs.4,00,000/-.

10. On 17th January, 2008, a Charter contract was signed between the parties. In the said document, the defendants acknowledged that a credit of Rs.25 to Rs.30 lakhs was lying in favour of the plaintiff. The said Charter contract is exhibited as Ex.PW1/5.

11. Since the defendants did not refund the excess amount to the plaintiff despite repeated requests, plaintiff filed the present suit for recovery of Rs.36,13,913.50/- along with interest @18% per annum.

12. On 10th August, 2010, the defendants were proceeded ex parte.

13. Having heard the learned counsel for plaintiff and having perused the ex parte evidence as well as the documents placed on record, this Court is of the opinion that plaintiff has proved the facts stated in the plaint and also exhibited the relevant documents in support of its case. Since the plaintiff's evidence has gone unrebutted, said evidence is accepted as true and correct.

14. Consequently, present suit is decreed for a sum of Rs.36,13,913.50/- in favour of the plaintiff company and jointly and severally against the defendants along with interest @18% per annum from the date of filing of suit till its realization and costs.

Registry is directed to prepare decree sheet accordingly.

MANMOHAN, J APRIL 05, 2013 js CS(OS) 2016/2008 Page 4 of 4