Final Order 1

Order Details: Other
Pdf Text: Summons for Judgment No. 14/2020 1 Order.
in Comm.Suit No. 691/21.
MHCC010009542020
Presented on : 27-01-2020
Registered on : 27-01-2020
Decided on : 19-01-2022
Duration : 1 years, 11 months, 23 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
SUMMONS FOR JUDGMENT NO. 14 OF 2020
IN
COMMERCIAL SUIT NO. 691 OF 2021
(ORIGINAL SUMMARY SUIT NO. 694 OF 2018)
Interactive Avenues Pvt. Ltd., )
A company incorporated under the provisions )
of the Companies Act, 1956 and having its )
registered office at 3rd floor V Chhibber House, )
Sakinaka, Andheri (East), Mumbai – 400 072 )...Plaintiff
Versus
Wooplr Technologies Private Limited )
A company incorporated under the provisions )
of the Companies Act, 1956, and having its )
Office at 4th Floor, A S Chambers, Near Legends )
of Rock, Koramangala VI Block, Bangalore )
560095, Karnantaka )...Defendant
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.31).
DATE : 19th JANUARY, 2022.
Smt. Padmaja Dholakia a/w Smt. Charusheela More, Advocate for the
plaintiff.
Shri Shashwat Rai, Advocate for the defendant.
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Summons for Judgment No. 14/2020 2 Order.
in Comm.Suit No. 691/21.
ORDER
1. The plaintiff filed summary suit for recovery of
Rs.29,19,857.21 with interest of Rs.20,14,856/ alongwith further
interest at the rate of 24% p.a. from the date of filing of the suit till
realization with costs.
2. The plaintiff moved this Summons for Judgment on
14/01/2020. Perused summons for judgment, affidavit in reply and
rejoinder. I have also gone through the suit proceeding. Heard learned
counsel Smt. Padmaja Dholakia a/w Smt. Charusheela More for the
plaintiff and learned counsel Shri Shashwat Rai for the defendant.
3. Case of the plaintiff, in brief, is as under :
The plaintiff executed work orders namely 'Media
Work Order – Internet' for internet and media marketing services for the
defendant. Work orders provided details such as campaign name,
campaign period and cost of the campaign. These work orders were
dated 20/07/2015, 07/08/2015, 20/08/2015, 31/08/2015,
14/09/2015, 28/09/2015 and 30/10/2015. The plaintiff carried out
several campaigns on install basis for the defendant on different
platforms such as Flipkart between July2015 to October2015. The
plaintiff as well as Flipkart provided regular campaign updates / installs
to the defendant. This data is not controverted or challenged by the
defendant. After getting benefits of the campaign, the defendant failed
to make payments in respect of invoices aggregating to Rs.20,14,856/
raised by the plaintiff. Therefore, the plaintiff and its representatives
sent email dated 15/03/2016, 17/03/2016 and 13/04/2016 to the
defendant making demand of the payment, but in vain. Then, the
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Summons for Judgment No. 14/2020 3 Order.
in Comm.Suit No. 691/21.
plaintiff's representative met to defendant's representative on
20/04/2016. Discussion in the meeting is recorded in email dated
22/04/2016. After persuasion of the issue by way of series of emails,
personal visits and legal notice dated 28/02/2017 and after getting
reply notice dated 06/04/2017 denying the liability, the plaintiff filed
the suit for recovery of money.
4. Learned counsel Smt. Padmaja Dholakia relied upon hard
copies of several emails and submitted that the defendant did not raise
dispute for about 17 months from publishing of advertisements on the
Flipkart. The defendant availed services and raised dispute for the first
time in email dated 08/02/2017 (page 57 of the plaint). According to
her, there are sufficient admissions on the part of the defendant to
decree the suit by allowing the S.J.
5. On the contrary, learned counsel Shri Shashwat Rai
submitted that several installations of the app (application software)
were made from the same URL within short span of time, but the app
was not utilized. App was made available through popup menu
through Flipkart. As installations were made to show count of
downloads and the app was not utilized by opening the same, the
defendant did not get the benefit intended to be achieved. He referred
several entries in Annexure A filed with his affidavit in reply in order to
substantiate his contention. According to him, the defendant has
sufficient ground for defending the suit and he prayed for unconditional
leave to defend.
6. Considering rival contentions, it is explicit that the
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Summons for Judgment No. 14/2020 4 Order.
in Comm.Suit No. 691/21.
defendant approached the plaintiff in order to advertise his business
and to attract more number of customers. For this purpose, the app
was to be installed by the people. Count of installation is the basis of
claim of the plaintiff. Accordingly, necessary advertisement was made
on Flipkart through popups. Affidavit in reply shows that the app was
installed from the same URL on several occasions and it was not
actually utilized. It prima facie shows that installation was made to
increase number of counts of installation so that bill can be claimed
from the defendant. Therefore, the defendant raised the contention
that the fraud is played upon him and he did not reap the fruits of the
advertising campaign. As the defendant is having sufficient grounds to
defend the suit, he is entitled to get unconditional leave to defend.
Hence, I pass the following order :
ORDER
1. Summons for Judgment No. 14/2020 is dismissed.
2. Unconditional leave to defend is granted to the defendant.
3. The defendant is directed to file written statement within
30 days from the date of this order.
4. Proceeding of Summons for Judgment No. 14/2020 is
closed.
(R.R.BHAGWAT)
Judge,
City Civil & Sessions Court,
Date : 19/01/2022. Mumbai.
1. Dictated online on : 19/01/2022.
2. Checked on : 20/01/2022.
3. Signed on : 20/01/2022.
4. Delivered to Certified :
Copy Section on
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Summons for Judgment No. 14/2020 5 Order.
in Comm.Suit No. 691/21.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
20/01/2022. 2.56 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 19/01/2022.
Judgment/Order signed by P.O. on 20/01/2022.
Judgment/Order uploaded on 20/01/2022.
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