* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 10th April, 2024 % Pronounced on: 30^th September, 2024 + CS(COMM) 1118/2016

1. BKP ENTERPRISE A Proprietary concern, Through Mr. Bharat Zaveri, Having its Office at 150, Kewal Industrial Estate, Senapati Bapat Marg, Lower Parel, Mumbai-400013 ..... Plaintiff No. 1

2. AEROCARE AVIATION SERVICES PRIVATE LTD.

A Company registered under the Companies Act, 1956, Through Mr. Sohil Zaveri, Having its Office at 150, Kewal Industrial Estate, Senapati Bapat Marg, Lower Parel, Mumbai-400013 ..... Plaintiff No. 2 Through: Mr. Bhuvan Mishra, Mr. Yash Maheshwari & Mr. Krishna Kanhaiya Kumar, Advocates.

versus SPICEJET LIMITED Public Limited Company, Incorporated under the Companies Act, 1956, Having its registered Office at Indira Gandhi International Airport, Terminal 1D, New Delhi-110037 ..... Defendant Through: Mr. Sudanshu Batra, Sr. Advocate with Mr. Dipan Seth, Advocate.

Signature Not Verified Digitally Signed CS(COMM) 1118/2016 Page 1 of 59 CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. The present Suit for Declaration, Specific Performance, Damages and Rendition of Accounts has been filed on behalf of the plaintiffs.

2. The plaintiff No. 1 is the Proprietary concern of Mr. Bharat Zaveri, engaged in the business of representation, setting up, overseeing and managing the entire Haj operations at various Airports in India on behalf of various airlines.

3. The plaintiff No. 2 is a Company registered under the Companies Act, 1956, of which Mr. Sohil Zaveri is the Director.

4. The defendant is a Private Limited Company registered under the Companies Act, 1956 and is engaged in running the business of a low-cost Domestic and International Airline by the name of „Spicejet‟.

5. In response to Tender Notice dated 19.02.2016, the MoCA appointed the defendant as one of the designated Indian Carriers for transporting approximately 8,250 Indian pilgrims to Saudi Arabia from Indian embarkation stations of Gaya, Bihar and Indore, Madhya Pradesh for Haj, 2016 on its Charter flights. Accordingly, the MoCA and the defendant entered into a Memorandum of Understanding dated 02.05.2016 for undertaking Haj operations, 2016.

6. The conduct of the Haj Pilgrimage annually has serious ramifications on Indo-Saudi relations being the subject matter of Bilateral Treaty between the two countries and also has far-reaching implications for individual Signature Not Verified Digitally Signed CS(COMM) 1118/2016 Page 2 of 59 pilgrims for many of whom the Haj is once in a lifetime pilgrimage with immense personal and religious significance.

7. The MoCA invites Tenders every year from the designated airlines of India and Kingdom of Saudi Arabia for transporting Haj pilgrims by the HCoI from India to Saudi Arabia and back to India during the prescribed period of Haj operations.

8. The defendant was desirous of submitting its bid for the aforesaid Tender, and therefore, sought the services of the plaintiffs, owing to their expertise and experience in conducting the Haj operations which require an enormous amount of mobilisation of resources on the part of the plaintiffs to conduct the flawless operations.

9. The plaintiffs have many years of demonstrated capacity with their knowledge and experience coupled with an excellent track record in conducting Haj operations.

10. The defendant had previously attempted to conduct the Haj operations in 2012, but was unable to qualify due to its lack of experience in understanding and undertaking Haj operations. The defendant led the plaintiffs to believe that it required the assistance of the plaintiffs in its proposed bid for appointment as a Designated Haj Charter Operator from India for the Haj, 2016. On account of the assistance rendered by the plaintiffs, the defendant submitted a bid Tender invited by the Ministry of Civil Aviation, Government of India (hereinafter referred to as “MoCA”) for the Haj Operations, 2016 and was eventually allotted two