COSMOS TRAVELS AND TOURS Vs. TAJIKISTAN AIRLINES

JUDGEMENT

(1.) This is an application by the petitioners under Order XXXIX Rule 2A of Code of Civil Procedure read with Section 215 of the Constitution of India and Section 12 of the Contempt of Courts Act, 1971 contending that the respondents have violated the order dated 14th September, 2004 passed in OMP NO.306/2004 and consequently praying that the action be taken against them for violation of order and for attachment of their bank accounts.

(2.) The petitioners/applicants contended that they are exclusive Sales Agent in India of Tajikistan Airlines. The petition under Section 9 of the Arbitration and Conciliation Act. 1996 was filed seeking restraint against the respondent, Tajikistan Airlines, from dealing with or appointing third parties and/or accepting sales of cargo and passenger tickets from third parties for the flights operated by them from Delhi. The applicant contended that the respondent, Tajikistan Airlines, in breach of terms of sales agency agreement and in particular, the negative covenant allowed/appointed third party, namely, M/s.Albatross and also others to operate in the territory assigned to the petitioners in terms of the Sales Agency Agreement.

(3.) The applicant contended that by order dated 14th September, 2004, the respondents were restrained from dealing with or appointing third parties and/or accepting sales of cargo and passenger tickets from third parties for the flights operated by them from Delhi till further orders.