East Wind Holiday Tours Pvt. Ltd vs Air India Limited
2025 Latest Caselaw 2381 Cal/2

Calcutta High Court

East Wind Holiday Tours Pvt. Ltd vs Air India Limited on 3 September, 2025

Author: Sugato Majumdar

Bench: Sugato Majumdar

OD - 1

                             ORDER SHEET
                    IN THE HIGH COURT AT CALCUTTA
                             ORIGINAL SIDE
                         COMMERCIAL DIVISION

                             IA NO. GA-COM/6/2024
                              [OLD NO CS/72/2015]
                               In CS-COM/62/2024

                    EAST WIND HOLIDAY TOURS PVT. LTD.
                                    Vs
                            AIR INDIA LIMITED

BEFORE:
THE HON'BLE JUSTICE SUGATO MAJUMDAR
Date: 3rd September, 2025
                                                                          Appearance:
                                                                   Mr. Pranit Bag, Adv.
                                                               Mr. Debdatta Saha, Adv.
                                                                  Mr. Manas Das, Adv.
                                                                      ...for the Plaintiff

                                                                   Mr. A.K. Dhar, Adv.
                                                                   ...for the Defendant

      The Court: GA-COM 6 of 2024 is a part heard application.


      The instant application is filed, praying for a decree under Order XIIIA of the

Code of Civil Procedure, 1908 read with the Commercial Courts Act, 2015 for passing

a summary judgment.


      It is contended in the application that in terms of letter dated 23/03/2012, the

Assistant Manager, Finance admitted that a sum of Rs.88,05,325/- was payable to

the Plaintiff/Petitioner against the bills submitted to the Defendant/Respondent and

received on 16/02/2012. The Defendant/Respondent subsequently made part

payment of Rs.56,56,850/- to the Plaintiff/Petitioner between 2nd May, 2013 to 12th

May, 2013. After part payment, a sum of Rs.51,73,045/- is payable as pleaded in the

application. Accordingly, the Plaintiff/Petitioner seeks for summary judgment in the

suit.

The Defendant/Respondent filed written objection against the application

denying the allegations raised. However, it is contended that the

Defendant/Respondent had only admitted that as per its books of accounts,

Rs.88,05,325/- was payable against the bills submitted to the

Defendant/Respondent and received by the Defendant/Respondent on 16th

February, 2012. Three bills dated 5th November, 2008, 23rd April, 2009 and 26th

July, 2010 were never submitted by the Plaintiff/Petitioner and such bills are also

not available in the record of the Defendant/Respondent. Therefore, the

Defendant/Respondent is not liable to pay and the Plaintiff /Petitioner has no right

to claim the amount covered under the bills.

Affidavit-in-Reply was filed against the Affidavit-in-Opposition.

I have heard rival submissions.

There is no denial of the contention that the bills were received and a sum of

Rs.88,05,325/- was payable by the Defendant/Respondent to the Plaintiff/Petitioner

against the bills submitted, as on 16th February, 2012. The Plaintiff/Petitioner

admitted in the plaint itself that part payments were made and the amount of part

payment was Rs.56,56,850/-. The unpaid amount is Rs.31,48,475/- which is the

principal sum. In the plaint, the Plaintiff/Petitioner calculated interest at a 18% per

annum on the said amount for last three years preceding institution of the suit.

In view of rival pleadings, this Court consider it proper that the

Defendant/Respondent should deposit the principal sum of Rs.31,48,475/- with the

Learned Registrar, Original Side on or before returnable date. The Learned

Registrar, Original Side shall invest the amount in any nationalized bank in fixed

deposit scheme. Withdrawal of the amount will be subject to the outcome of the suit.

GA-COM 6 of 2024 stands disposed of accordingly.

The suit may be placed before the appropriate Bench.

(SUGATO MAJUMDAR, J.)