AIR INDIA LTD Vs. SHAMA AIRWAYS PVT LTD

JUDGEMENT

(1.) THAT the plaintiff is a Company having its registered office at hansalaya Building, 5th Floor, 15, Barakhamba Road, New Delhi " 110 001 and is engaged in the business of carrying of the passengers and cargo by air within india and also abroad. For sake of brevity it is hereinafter referred to as "plaintiff company". It is represented thorough Ms. Sulekha Srivastava, Asst. General Manager (Commercial) who is well conversant with the facts and circumstances of the case. She is authorized and is competent to file, sign and institute the present suit by the Delegation of power dated 15. 06. 1996.

(2.) THE plaintiff avers that the defendant No. 1 is a private Limited company and is engaged inter-alia in the business of sale of passenger air tickets. Defendant No. 1 was an IATA approved Passenger Sales Agent having IATA having IATA Code No. 14-337665 through letter of appointment bearing no. R800/061/dg dated 11th May, 1993. Defendant No. 2 is the Managing Director of defendant No. 1 and defendant No. 3 is the Director of the defendant No. 1. Defendant No. 2 and 3 are in complete control and are responsible for the conduct of business and affairs of the defendant No. 1.

(3.) THE plaint avers that on the basis of representation and request made of the defendant No. 2 and 3, the Defendant No. 1, it was appointed by the plaintiff as the agent for sale of tickets (domestic and international)sometimes in the year 1993. In terms and conditions of agency, the defendants were required to remit the sale proceeds of passenger tickets to the plaintiff company at the end of every fortnight. To effect the sale of passenger tickets the plaintiff company had provided the defendant with blank passenger air tickets (cash value documents ). The defendants at the end of every fortnight were required to furnish to the plaintiff company the complete details regarding sale of tickets, details of sector and the fare charged from the passenger, while remitting the amount to the plaintiff company.