NIJHAWAN TRAVELS SERVICES PRIVATE LIMITED Vs. SADHANA TRAVELSERVICES

JUDGEMENT

(1.) This is a suit for recovery preferred by the plaintiff against the defendants. The plaintiff is engaged in the business of travel agents and has General Sales Agent licence for various Airlines and has business dealings with defendant no. 1 as latter has been purchasing tickets from the plaintiff both domestic and International through defendant no.2. It is averred that the defendant had purchased various air tickets from May 199 6/12/1996, the details of which are given in the bills raised by the plaintiff against the defendant from time to time. Though the defendants had made some payments against the bills but bulk of the payment remained unpaid. It is further averred that the defendant assured the plaintiff that it would pay the balance amount due but despite various assurances failed to make the payment of the outstanding bills. There was also no other option open to the plaintiff than to file this suit as defendant failed to reply to the notice. The plaintiff has also claimed interest at the rate of 24% per annum as per usage and customs of trade.

(2.) Inspite of service of summons through registered post the defendants chose not to contest and allowed them to be proceeded ex-parte on 26.11.1999. The plaintiff was called upon to prove its claim by way of affidavit. Various bills through which domestic and international tickets were purchased by the defendant are marked as exhibit Public Witness 1/1. Statement of account is exhibit Public Witness 1/2. The ledger account is exhibit Public Witness 1/3. As per books of the plaintiff outstanding debit balance is Rs.70,502. The notice and documents through which it was served by the plaintiff upon the defendant are exhibits Public Witness 1/6 to Public Witness 1/8. However, some discrepancies in the notice are shown in para 10. There was some typographical error and as such the para was deleted and payment for the period from May 1996 was not claimed. Another notice is dated 30.5.1988, where the entire claim of Rs.705502.00 was demanded. The certificate of incorporation of the Companies Act has been proved by Exhibit Public Witness 1/A by the attorney.

(3.) In view of the affidavit of the plaintiff the aforesaid averments stand proved. The suit has been signed and verified by the duly authorised person. The plaintiff- company is registered and duly incorporated company under the Company Act. The cause of action became available to the plaintiff lastly when amount was not paid inspite of service of notice of demand dated 19.5.1998. Since all the tickets were booked and the bills were raised on day to day basis in Delhi, therefore, this Court has territorial jurisdiction to entertain and decide the instant suit.