MANMOHAN,J - (1.) LEARNED counsel for plaintiff/applicant wishes to withdraw the present application. Accordingly, the same is dismissed as withdrawn. 1. Present suit has been filed with the following prayers:- "A) A decree of Rs.36,13,913.50 PS/- (Rs. Thirty Six Lacs Thirteen Thousand Nine Hundred and paisa Fifty Only) be passed in favour of the plaintiff company and against the defendants. B) Interest @ 18% p.a. from the date of filing the present suit till its realization may also be awarded to the plaintiff company and against the defendants. C) Cost of the suit be also passed/awarded to the plaintiff company and against the defendant. Such other relief which this Hon'ble Court deems fit and expedient under the circumstances be also awarded in favour of the plaintiff company and against the defendants."
(2.) BRIEFLY stated the facts of the present case are that plaintiff company besides acting as a Group Selling Agent (GSA) for International Airlines is also engaged in the business of organizing tours for foreign tourists. Defendant No.1 is a Resort, which is owned by defendant No.2-company. It is stated that during tourist season 2005-2006, plaintiff and the defendant No.2 entered into a contract dated 04th October, 2005 whereunder an advance of Rs.17 lakhs was paid by the plaintiff to defendant No.2- company. At the end of the season, an amount of Rs.5 lakhs remained unadjusted as credit in favour of the plaintiff in defendants' books.
(3.) FOR the season 2006-2007, a separate contract was executed between the plaintiff and defendant No.2. In pursuance to the said agreement, plaintiff company advanced Rs.50 lakhs to the defendants by adjusting Rs.5 lakhs balance lying with the defendants for 2005-2006. Another sum of Rs.15,48,695/- was also paid by the plaintiff to the defendants during the said season.;