Justice Ashok Bhushan led bench to resume hearing the plea seeking refund of air tickets for travel that could not happen during lockdown. @DGCAIndia has stated that passengers are entitled to refund
However, @DGCAIndia has clarified that any refund or credit shells valid for air tickets till March next year is applicable for the passengers & not the travel agents. Further any refund is only for flights originating in India and not for the ones abroad, even if Indian carriers
The intervenors had posed a question that if a person especially elderly does not want to travel even after March 2021, then in that case an option of immediate refund has to be given and no credit shell. Senior Adv Aryama Sundaram too had supported this. Court to hear today
Hearing begins:
SC asks SG Tushar Mehta what clarification is given in the affidavit.
Mehta explains that the query raised earlier was pertaining to travel agents and the credit shell to be given.
Mehta: So far as travel agents are concerned, we cannot regulate them we don't have control over it.
But suggestion is that a passenger can use the credit shell only through the agent.
Justice Reddy: If the voucher (credit shell) is not used till the deadline, will the money go to the account of the agent?
Mehta explains: There are travel agents, we don't know them or recognise them since there are no registrations.
If I'm an agent, I buy tickets in blocks and that is the contract between the agent and airline, DGCA has nothing to do with it.
Mehta: Once the ticket is allotted, then the passenger's name is reflected in the passenger manifest. Till such allotment, these remain as "floating tickets".
We cannot control the inter se contractual obligations between agents and passengers.
Senior Counsel Pallav Shishodia for the applicant (travel agents): The passengers have paid the money not to the airline, but to agents.
There are many cases where we have paid in advance to the airline to book tickets.
Shishodia: Insolvency of airline cannot be saved at the expense of our insolvency.
SC: Your interest is protected because if the voucher is not used then the money will be deposited in your account.
Shishodia: But for that we will have to wait till March 2021
Justice Shah: When SG is saying that passengers may surender voucher before agents tochet refund and agents can use that voucher, then what is the problem?
Shishodia highlights that the modalities for that are not in place.
SC: We will consider that.
Senior Counsel Mukul Rohatgi for @IndiGo6E: If my credit shell remains till March 2021, I have no difficulty. We can work with this
Justice Shah: Your only concern is you don't have to part with money.
Senior Advocate Pinaki Misra for @airasia and @airvistara: There is an impression being given that the money retained by the Airlines is parked by me in some Bank, that is not true.
It is said that we would have to pay interest on this.
(Misra explains the expenses incurred)
Misra: The rate of interest for FD is much else and we would be asked to pay 9% which is penal interest.
SC: It is not penal interest.
Misra: It becomes a penalty when the rate is so high.
(SC says it will consider it)
Advocate Harshavardhan Bhende for petitioner: To say that the travel agents are not recognised is a sad thing to say because when the passenger manifest is prepared it is done with communication with the travel agents.
Advocate Puneet Jain for an intervenor raises the grievance about making bookings on an international carrier which starts from outside India.
Mehta explains that if the booking is made from India then they have jurisdiction over it and it will be taken care of
Sr. Adv Sanjay Hegde explains: Suppose bookings are made on Indian carriers but from a Gulf country, then the CAR says that they exercise some jurisdiction.
SC: Your concern is that if booking is made form Air India office in New York then you are not covered?
Hedge: Yes
Sr. Adv. Arvind Datar for @goairlinesindia highlights the issues affecting Airlines: My working capital has been frozen.
(Datar explains the expenses that Airlines have to incur and juxtaposes the same against cap that is imposed on ticket prices and frozen working capital)
SC: But that is your Airline's problem, how can you hold up passenger's money?
(Datar points out that there are other Airlines too in need of more time to make the refunds)
SC: If you need more time then you need to approach the government
(Datar has been logged out if the VC hearing. Senior Counsel Aryama Sundaram makes submissions for petitioners in the meantime)
Sundaram: Mr. Datar's client may have problems but we have the right to get our money back.
Datar: We are not saying we won't refund but March 31 is an unrealistic deadline. We are only seeking some relaxation.
SC: The scope of the writ petition is not to give direction to the govt to give relaxation
Datar: Credit shell and who will it go to, travel agent or passengers, is all now being judicially decided so that is why we are only requesting Court's indulgence.
31st March is unrealistic. We are requesting to make it 1 year more or at least six months more.
Datar: ₹300 crore liability. Already refunded ₹40 Crores. From 100% flights I'm at 60% flights in operation as in September.
(Datar requests for credit shell to be transferable)
SC: That is what SG said.
Datar: it's a wonderful suggestion
Advocate Kunal Cheema for intervenors Akhil Bhartiya Grahak Parishad makes brief submissions.
Shishodia: WRT what Mr.Rohatgi said, @IndiGo6E is doing what we had suggested and Mr. Datar had also suggested source to source refund and that will make things easy.
Supreme Court to hear a batch of petitions challenging the Calcutta High Court's order which set aside the appointments in over 24,000 teaching and non-teaching posts in government schools #SupremeCourt @MamataOfficial
Sr Adv Vibha Datta Makhija: we would need two days.
CJI Sanjiv Khanna: Yes let us start. No piecemeal arguments.
State: Let the state start.
Sr Adv Rakesh Dwivedi begins for state of West Bengal
Supreme Court hears appeal challenging the Madras High Court's decision to allow Carnatic vocalist TM Krishna to receive the Sangita Kalanidhi MS Subbulakshmi Award.
ASG Venkataraman: Award was
conferred and it was greatly publicised. He is a person who made misogynistic comment against her
#SupremeCourt
ASG: the single judge order is in effect. The music academy could not have given the award yersterday. Can an injunction be breached and a public act be committee? Court is not powerless.
ASG: the court can stay this award or till suit is pending the fourth respondent cannot use the name of the award at all
Sr Adv Gopal Sankarnarayanan: Fourth respondent is not represented here as of now.
- Allu Arjun is being represented by G Ashok Reddy
- Justice Juvvadi Sridevi to hear the matter
Justice Sridevi to hear the matter at 4 PM
#AlluArjun #ALLUARJUNARRESTED
Actor Allu Arjun was arrested after he visited Sandhya Theatre on December 4, 2024 to watch #Pushpa2. His security staff pushed general public and commotion caused a death of 39 year old. Her husband filed an FIR holding #AlluArjun & Management responsible for her death.
Bhushan Steel insolvency case: #SupremeCourt to shortly hear the case
Earlier Enforcement Directorate (ED) has stated that its appeal against JSW Steel's takeover of Bhushan Power and Steel might not be required to be argued in view of Section 32A of the Insolvency and Bankruptcy Code (IBC)
Adv Zoheb Hossain: if the relief can be moulded then the plea can be disposed off.
Justice Bela Trivedi: are you appearing on behalf of SG Mehta?
Hossain: Attachment by ED has been made after the approval of plan by NCLT.. thus prayer can be considered. If it is restored then let the attachment be restored to resolution professional under 8(8).
Justice Trivedi: We will not pass any piecemeal orders.
Tempers flare in #SupremeCourt amid hearing in case concerning adv Charanjeet Singh Chanderpal; Court urges lawyers to maintain discipline.
Court: If all of you behave like this ... Don’t you know this being livestreamed? Don’t you know these things are going in public domain?
Court: Don’t you think that this kind of behaviour inside the courtroom – what kind of impression is being given to the public? What kind of message is being given, you are officers of the Court all of you!
#SupremeCourt #CourtroomExchange
Court: Lot of training is required to be given to the bar also. We are sorry with the way you are going ahead ... You don't have any decorum to maintain in court?
#BREAKING: Supreme Court issues notice on plea challenging constitutional validity of provisions of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986
Bench: Justice BR Gavai and Justice KV Viswanathan
#UPGangstersAct
Senior Adv R Basant (appears for Petitioner): Whether only on basis of one base case another case under the act can be registered by the police itself. Furthermore, police is complainant, prosecutor and adjudicator under provisions of the act. Please note. This is important
Sr Adv Basant: Also, under this Act, without even a case of FIR against a person, its entire property are allowed to be attached. This aspect came up in Dharmendra Kirthal (2013) 8 SCC 368 as well and the court had issued notice but later did not consider the issue.