Delhi District Court
M/S Trail Blazer Tours India Pvt. Ltd. vs . Indian Institutes Of Planning on 18 March, 2013
M/s Trail Blazer Tours India Pvt. Ltd. vs. Indian Institutes of Planning
IN THE COURT OF SHRI V.K. MAHESHWARI : ADDITIONAL DISTRICT
JUDGE04 : SOUTH DISTRICT : SAKET COURT COMPLEX, NEW DELHI
CS. NO. 178/12
In the matter of :
M/s Trail Blazer Tours India Pvt. Ltd.,
IAD, Vandana Building,
11, Tolstoy Marg, New Delhi01. .....Plaintiff
Versus
The Indian Institutes of Planning & Management,
Through Mr Sandeep Ghosh,
Chief Executive Officer,
LevelO, IIPM Campus, Sarbari,
Chandan Haula, Chattarpur Road,
New Delhi74 ....Defendant
Date of institution of case : 27.04.2012
Date of Reserving order : 12.03.2013
Date of Judgment : 18.03.2013
Judgment
1. The plaintiff has filed a suit for recovery of Rs.11,04,453/ against the
defendant IIPM. On the ground that plaintiff is a Private Limited firm
and the suit has been filed through its authorized representative Sh
Homa Mistry.
CS. No. Page 1 of 5
M/s Trail Blazer Tours India Pvt. Ltd. vs. Indian Institutes of Planning
2. According to plaintiff M/s Trail Blazer Tours India Private Limited, is
incorporated under the provisions of the Companies Act, 1956, having
its registered office at 1AD, Vandana Building, 11, Tolstoy Marg, New
Delhi. Sh Homa Mistry is the authorized signatory of the Plaintiff
Company through Board Resolution dated 27.09.2010 vide Power of
Attorney dated 06.12.2010 and is competent to file, sign and institute the
present Suit and to do all the necessary things to effectively prosecute
the present Suit on behalf of the Plaintiff Company.
3. The plaintiff is in the business of conducting tours and providing travels
related services such as operating tours, ticketing, hotel reservations,
etc. Respondent is in the business of imparting education and
specialized courses relating to business management and consultancy services. Respondent has arrangements, understanding affiliations and agreements with certain foreign universities located in different parts of the world where students are sent on exchange programs.
4. Plaintiff was approached by the respondent to avail its services. Plaintiff from 25.06.2008 started providing its services to the respondent such as manage and coordinate the travel requirements of the staff and students under various exchange and vocational studies programs. The aforesaid services included but were not limited to plane ticketing and hotel reservations which involved payments to Airlines and Hotels on behalf of the respondent and the same were made by the plaintiff. In connection with the aforesaid services rendered by the plaintiff, it raised various invoices at regular intervals. The respondent till date has failed to make full payment and discharge its liability. The details of the undisputed invoices due thereof from IIPM are given herein below :
No. Pax Name Pax Date of Travel Invoice Company INR No. Name Amount CS. No. Page 2 of 5 M/s Trail Blazer Tours India Pvt. Ltd. vs. Indian Institutes of Planning 1 Mr Francis Charles Adam 1 02.05.2008 9445 IIPM 7000 2 Mr Gautam Bhattacharya 1 05.05.2008 9468 IIPM 750 3 Mr M K Chaudhari 2 25.06.2008 9563 IIPM 4,08,626 4 Mr M K Chaudhari 1 25.06.2008 9564 IIPM 3000 5 Ms Aparna Jain 2 24.07.2008 9652 IIPM 16,288 6 Prof. Susan Douglas 1 15.08.2008 9715 IIPM 2,22,040 7 Mr Rohit Sharma 1 03.08.2008 9720 IIPM 53,044 8 Mr Rajat Shukal 1 03.08.2008 9719 IIPM 53,044 9 Ms Nisha K Madhyani 1 23.08.2008 9722 IIPM 75,995 10 Mr Ashish Khanna 1 11.08.2008 9716 IIPM 72,867 11 Mr Bhaskar V Rajkhowa 1 11.08.2008 9717 IIPM 72,867 12 Ms. Poornika Rishi 1 11.08.2008 9718 IIPM 72,867
5. Despite various reminders dated 11.07.2009, 21.07.2009, 18.08.2009, 28.08.2009, 13.09.2009, 15.09.2009, 18.09.2009, 19.09.2009, 21.09.2009, 04.11.2009 and 28.11.2009 sent by the plaintiff to the respondent for payment of all the outstanding amounts, the same were never paid to the plaintiff.
6. On 01.06.2009, the Auditors of the respondent made a request to the plaintiff to confirm in a performa provided by them, the amount due from the respondent to the plaintiff. Plaintiff vide a letter dated 15.06.2009 attached a note dated 30.04.2009 confirming that the amount due from the respondent is Rs.9,95,363/. Respondent although never disputed the amount payable to the plaintiff but did not pay the aforesaid outstanding amount. Plaintiff sent a Notice dated 30.09.2011 demanding the amount of Rs.9,95,363/. The legal notice dated 30.09.2011 was received by the respondent but the respondent never replied to the legal notice or paid the outstanding amount of Rs, 9,95,363/.
7. It is prayed that a decree be passed in favour of the plaintiff against the respondent for an amount of Rs.11,04,453/ with pendentlite and future CS. No. Page 3 of 5 M/s Trail Blazer Tours India Pvt. Ltd. vs. Indian Institutes of Planning interest @ 12% per annum with costs of this suit.
8. Defendant was served with the copy of the suit for 11.10.2012 but none appeared on its behalf hence proceeded exparte.
9. In the exparte evidence of the plaintiff company, Sh Homa Mistry, authorized representative of the plaintiff company, filed his affidavit and proved the documents in evidence to the plaintiff Ex PW1/1 to PW1/23. Ex PW1/1 is the certified copy of Board of Resolution dated 27.09.2010 and Ex PW1/2 is the power of attorney dated 06.12.2010. The invoices raised by the plaintiff towards the liability of the defendant are Ex PW1/3 to PW1/14 respectively. Copy of statement showing outstanding of Rs.10,58,388/ is Ex PW1/15. Office copy of reminders dated 11.07.2009 & 28.11.2009 for payment of all the outstanding amount is Ex PW1/16 & 17 respectively. True copies of Email reminders are Ex PW1/18 (colly). True copy of request letter dated 01.06.2009 for balance confirmation as on 31.03.2009 is Ex PW1/19 and note dated 30.04.2009 in this regard is Ex PW1/20. True copy of letter of request dated 25.07.2011 sent by the plaintiff is Ex PW1/21. True copy of legal notice sent by the plaintiff dated 30.09.2011 is Ex PW1/22. True copy of another legal notice dated 27.02.2012 is Ex PW1/23.
10. Arguments heard. File Perused.
11. The letter dated 25.07.2011 Ex PW1/21 sent by the plaintiff company to the defendant for payment of the balance amount of Rs.9,95,363/ has neither been replied nor the balance amount was paid to the plaintiff by the defendant.
12. There is no cause or reason to disbelieve the testimony of PW1, as regards the facts deposed by him. The plaintiff company is thus entitled for an amount of Rs 11,04,453/ from the defendant. Accordingly, a decree for a sum of Rs 11,04,453/ is passed in favour of the plaintiff company and against the defendant alongwith pendente lite and future CS. No. Page 4 of 5 M/s Trail Blazer Tours India Pvt. Ltd. vs. Indian Institutes of Planning interest at 12% per annum in view of the nature of the transaction between the parties. Costs of the suit is also allowed to the plaintiff. Decree be drawn accordingly.
Announced in the open Court (V.K. MAHESHWARI)
on 18.03.2013 ADJ04 : SOUTH DISTRICT
All pages signed NEW DELHI
CS. No. Page 5 of 5
M/s Trail Blazer Tours India Pvt. Ltd. vs. Indian Institutes of Planning CS. No. .03.2013 Present:
Vide separate order of the date, (V.K. MAHESHWARI) ADJ04 : SOUTH DISTRICT NEW DELHI : .03.2013 CS. No. Page 6 of 5