CS(OS)No.728/2009

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THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment Pronounced on: 02.06.2011

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CS(OS) No.728/2009

M/S. CHL LTD.

..…Plaintiff

- versus -

M/S. ALITALIA AIRLINES & ORS. .....Defendants

Advocates who appeared in this case:

For the Plaintiff:

Mr. Ravi Kant Chadha, Sr. Adv.

with Ms. Mansi Chadha, Adv.

For the Defendants:

None.

CORAM:-

HON’BLE MR JUSTICE V.K. JAIN

1.Whether Reporters of local papers may

be allowed to see the judgment?

No.

2.To be referred to the Reporter or not?

No.

3.Whether the judgment should be reported

No.

in Digest?

V.K. JAIN, J. (ORAL)

IA No. 9272/2011

Vide this application, the plaintiff seeks to give full

name of the defendant.

Heard. Allowed.

The amended memo is taken on record.

2011:DHC:3106

CS(OS)No.728/2009

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The application stands disposed of.

CS(OS) 728/2009

1.

This is a suit for recovery of Rs.3918606.37. The

plaintiff company is running a Hotel named “Crowne Plaza

Hotel” at New Friends Colony, New Delhi. It is alleged that

the defendant approached the plaintiff in the year 2006 for

providing accommodation along with other services to its

Passenger Crew and Cargo Crew. An agreement was

executed between the parties on 18.09.2006. The

agreement was valid from the period from 01.10.2006 to

30.09.2008. Under the agreement, the plaintiff bank was

required to set aside 20 to 31 rooms throughout the year,

10/11 rooms per day for “Passenger Crew” checking-in and

10/11 rooms per day for “Passenger Crew” late checking-

out(overlap) and 9 rooms for Cargo Crew back to back for

the year. The room rent was fixed at Rs.7.000 per double

room (single use) plus taxes for the period 01.10.2006 to

30.09.2007. The rate for the period from 01.10.2007 to

30.09.2008 was to be mutually agreed not later than

30.06.2007 and the maximum increase could have been

15%. Rs.3,000 including taxes per room per night were

2011:DHC:3106

CS(OS)No.728/2009

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agreed for the overlap.

2.

The agreement dated 18.09.2006 was extended by

Integration of Agreement signed on 18.09.2007 wherein new

rates were agreed from the period 0.10.2007 to 30.09.2008.

These were, Cargo Crew Rs.8,050 per room per night plus

taxes Passenger Crew Rs.8,050 room per night plus taxes

and Overlap Crew Rs.3,450 per room per day inclusive of

taxes. Thereafter, for the period from 01.10.2008 to

30.09.2009, the rates were fixed at Rs.9500/- plus tax for

single occupancy and Rs.10500 plus 13.13% for double

occupancy along with breakfast charges of Rs.500/- plus

tax for each person.

3.

The plaintiff – Company raised bills for providing

accommodation to the defendants from time to time. The

case of the plaintiff is that a sum of Rs.3694889.37 remains

due to it for the period from 11.08.2008 to 10.01.2009. The

agreement was terminated vide letter dated 07.01.2009

written by one Professor A.N.Augusto Fantozzi claiming to

be Extraordinary Administrator of the defendant. The

termination, however, had no effect in respect of the

services till 10.01.2009. Now, the plaintiff has claimed the

aforesaid unpaid amount of Rs.36,94,889/37 Ps. from the

2011:DHC:3106

CS(OS)No.728/2009

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defendant along with interest thereon at the rate of 18% per

annum amounting to Rs.2,23,717/- thereby making a total

sum of Rs.39,18,606/-.

4.

The

defendant

was

proceeded

ex-parte

on

10.03.2011. The plaintiff has filed the affidavit of its Vice

President Mr. N.K.Goel by way of ex-parte evidence In his

affidavit, Mr. Goel has stated on oath, the case set up in the

plaint and has stated that the tariff was fixed at Rs.8,050/-

per room per night plus taxes for Passenger Crew, Cargo

Crew and Rs.3