R JEYAKUMAR Vs. JUPITER AVIATION PVT

JUDGEMENT

(1.) The suit is filed for recovery of a sum of Rs.28,89,600/- with interest at the rate of 24% per annum on Rs.16,80,000/-.

(2.) The plaintiff is engaged in aviation business. The 1st defendant represented by the 2nd defendant as its Chairman required the plaintiff to arrange for provision of helicopter of type BELL 206 Jet Ranger for a period of two months to be based at Jakkur Airport, Bangalore for their use and for the use of their customers. Based on the said negotiation a Wetlease Agreement was entered into on 20.01.2006 containing the terms and conditions. The said terms and conditions were forwarded to the 1st defendant by the plaintiff and the 2nd defendant in his capacity as Chairman of the 1st defendant Company signed the same in acknowledgment of the acceptance of the terms and conditions set out in the agreement.

(3.) On receipt of the signed copy of the agreement sent through fax, the plaintiff has arranged for stationing a helicopter viz., BELL 206 Jet Ranger for a period of two months from 21st January 2006 to 20th March 2006. The plaintiff is entitled to a sum of Rs.16,80,000/- as per the Wetlease agreement for providing helicopter at Jakkur Airport in Bangalore. The said sum of Rs.16,80,000/- is the minimum guarantee amount, worked out to Rs.48,000/- per hour for 35 hours per month.