RTDC LIMITED Vs. LUXURY TRAINS PVT LTD

JUDGEMENT

(1.) The Plaintiff, Rajasthan Tourism Development Corporation (hereinafter, 'RTDC'), has filed the present suit under Order XXXVII CPC seeking recovery of a sum of Rs.2,07,80,949/-, comprising of Rs.1,85,80,949/- as principal amount and Rs.22,00,000/- as interest.

(2.) Rtdc'S case is that Defendant No. 1 is M/s Luxury Trains Pvt. Ltd, which is engaged in the business of arranging/booking of luxury trains. Its promotee and Director, Mr. Sajivve Trehaan is Defendant No. 2. Mr. Rohen Trehaan, son of Mr. Sajivve Trehaan, and Ms. Romi Trehan, wife of Mr. Sajivve Trehaan, are also directors in the company and are Defendant Nos. 3 and 4 in the present suit.

(3.) The Plaintiff runs two luxury trains by the names "Palace on Wheels" and "Royal Rajasthan on Wheels" which gives tourists the opportunity to visit various destinations in India such as Rajasthan and Uttar Pradesh, including Agra and Varanasi. Defendant No. 2 - Mr. Sajivve Trehaan had a sole proprietorship firm by the name of M/s Luxury Holiday and was a general sales agent with the Plaintiff Company since 1991. He was, therefore, well-versed with the enormous goodwill attached with the two luxury trains run by the Plaintiff.