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.
Delhi High Court to hear the defamation suit filed by Asian News International (ANI) against YouTuber Mohak Mangal over a video accusing ANI of extortion and blackmail after copyright strikes.
Comedian Kunal Kamra and AltNews co-founder Mohammed Zubair are also added as defendants for sharing the video on their X handles.
ANI is seeking takedown of the video, no further trademark infringement and damages of Rs. 2 crores, 10 lakhs.
Ceremonial bench proceedings underway to mark the last working day of Justice Abhay S Oka
AG R Venkataramani: All of us got equal treatment in your court. I have cherished the questioning moments. By working so tirelessly you have set bad standards for your law clerks as some even forgot to go home..
SG Tushar Mehta: Despite such an irreparable loss you treated duty as a judge first. You could have addressed virtually also. This shows duty. Please spare more time for family. You have often been much more prepared than lawyers. Your lordships services are required and please do not close any door
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SG: you may not believe in God, but i believe, May God be always on your side. Me and ASG Raju were almost always at the wrong side of the judgment ..but our love and respect for you was never affected. We respect your for who you are.
Delhi High Court to shortly hear a defamation suit filed by Newslaundry Executive Editor Manisha Pande and eight other women journalists against Abhijit Iyer-Mitra for referring to them as ‘prostitutes’ and their workplace as a ‘brothel.’
Advocate Bani Dixit appears for Newslaundry journalists. She says "Plaintiffs are journalists from all walks of life. These are defamatory articles outside the bounds of criticism. These are all working women."
Court: What does the defendant do ?
Dixit: The kind of things he has said I cannot read it out also.
Supreme Court to shortly hear a petition challenging the arrest of Ali Khan Mahmudabad, an associate professor at Ashoka University, Sonipat, over certain remarks on Operation Sindoor
Supreme Court bench led by CJI B.R. Gavai would hear the petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025 on May 20, for the limited purpose of interim relief
#SupremeCourt #WaqfAct
The bench will consider whether interim relief of stay is required on three issues - waqf by user, nomination of non-Muslims to the Wakf Council and State Waqf Boards and identification of government land under waqf #WaqfAct
The Central government had earlier told the Supreme Court that certain key provisions of the controversial Waqf (Amendment) Act, 2025, including the formation of the Central Waqf Council and Waqf Boards and provisions on de-notifying properties already declared or registered as waqf, will not be acted upon for the time being.