IN THE COURT DISTRICT JUDGE (COMMERCIAL COURT-02) :

SOUTH-EAST DISTRICT : SAKET COURTS : NEW DELHI PRESIDED BY: LALIT KUMAR In the matter of:

CS (COMM) 322/24 ABS Tour & Travels Through its Proprietor Mr. Pankaj Madan Having office at:

F-7, First Floor, Kalkaji, Delhi-110019 ….. Plaintiff Versus SNV Aviation Pvt Ltd.

Through its Authorized Representative Having Office at:

12^th Floor, Urmi Estate, 95, Ganpatrao Kadam Marg, Lower Parel (West), Mumbai, Maharashtra-400013 Also at:

Domestic Terminal Building Indira Gandhi International Airport Airport Road, New Delhi-110037 ….. Defendant Date of Institution : 26.04.2024 Arguments concluded on : 06.02.2026 Date of Judgment : 24.02.2026 Final Decision : Decreed J U D G M E N T

1. Vide this judgement, this court shall dispose of the suit filed by the plaintiff against the defendant for recovery of Rs.1,08,80,000/- (Rupees One Crore Eight Lakhs Eighty Thousand only) alongwith pendent lite interest.

INTRODUCTION a). The present commercial suit has been instituted by the plaintiff seeking recovery of Rs.1,08,80,000/- towards loss of profits arising out of cancellation of 8 Group PNRs (640 seats) for Delhi – Goa and Goa- Delhi sector for travel between

23.12.2023 and 13.01.2024.

b). The dispute lies in a narrow compass: whether the defendant airline unlawfully cancelled the group bookings after accepting advance consideration, and if so, whether the plaintiff is entitled to loss of profit under Section 73 of the Indian Contract Act, 1872. Case of the plaintiff:

1.1 (a). Brief facts of the case are that plaintiff is a travel agency particularly engaged in the business of tours and travels which includes booking of air tickets and ancillary business thereto. That the plaintiff's business is carried out based on the Business-To-Business (B2B) model wherein the plaintiff purchases air tickets in bulk and thereafter supplies the same to brokers who, in turn, supply such tickets to corporate and the end customer and also Business-to-Customer (B2C) model wherein the plaintiff supplies tickets directly to the end customers.

(b). It is further submitted that the plaintiff, having been engaged in the business for more than a decade, has garnered good market reputation among its customers and is well known for its services of providing hassle free experience for booking of air tickets and ancillary Services and Mr. Pankaj Madan i.e. plaintiff's sole proprietor has been duly authorized to contest the present suit on behalf of plaintiff company.

(c). It is further submitted that the Defendant is an airline company that flies under the brand name "Akasa Air" and is a Private Limited Indian Company incorporated in India on 24.11.2020 having its registered office is at 12th Floor, Urmi Estate, 95, Ganpatrao Kadam Marg, Lower Parel (West), Mumbai, Maharashtra - 400013. Further, as the defendant, through its website, claims to be India's fastest- growing and most dependable airline with 20 destinations and 40 routes in India, the plaintiff trusted such representation on Defendant's website and decided to enter into business relationship with the Defendant.

(d). It is further submitted that Defendant offers its services through its website www.akasair.com and in order to book air tickets with the Defendant, agents such as the plaintiff are required to register themselves through the agent login portal on the Defendant's website available at https://agents.akasaair.com/login to obtain the login credentials. That, as the plaintiff registered as an agent on the Defendant's website, the plaintiff was provided with login credentials and organization code namely AKASA ID-QPDEL9754B vide an email dated 19.10.2022 sent by the Defendant to the Plaintiff. Such login credentials and organization code authorized and enabled the Plaintiff to book PNRs in bulk in order to sell to its customers as per the plaintiff's discretion, business parameters and market demand. That, as a result, the plaintiff entered into an agreement with the