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2014 Supreme(Del) 2751

G.P. MITTAL
K. T. Holidays Pvt. Ltd. – Appellant
Versus
Japan International Co-opn. Agency – Respondent


Advocates Appeared:
For the Plaintiff :Mr. Nikhil Rohatgi, Advocate.
For the Defendant :Mr. Amit Dhingra, Advocate.

G.P. Mittal, J.:--

CS (OS) NO. 383/2013 AND I.A. NO. 14388/2014

1. This suit for recovery of Rs. 79,53,634/- has been filed by the Plaintiff against the Defendant (Rs. 69,53,634/- being the price of air tickets; interest @ 24% per annum from the month of February, 2010 and Rs. 10,00,000/- towards damages) with the allegation that the Defendant approached the Plaintiff for supply of air tickets (for the officers and employees of the Defendant) and a Travel Desk Agreement (TDA) dated 01.04.2009 was entered into between the parties whereby the Plaintiff was required to provide services like renting cars, booking hotels, air tickets etc. to the Defendant. For this purpose, one employee of the Plaintiff was also required to be permanently deputed in the Defendant’s office and whenever need would arise, the Defendant would place orders through the deputed employee. According to the TDA, the Plaintiff was required to raise the invoices in respect of services availed by the Defendant on the same or the next day and also send to the Defendant, consolidated statement of accounts at the end of each month. The Defendant was required to make the payment in respect of the monthly amount on 15th da























































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