Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented on 22.01.2018
Registered on 16.03.2018
Decided on 30.01.2018
Duration Yrs. M. Days
10 14
CNR No.
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.332 OF 2018
Conde Nast (India) Pvt.Ltd.
A Company incorporated under the
provisions of the Companies Act, 1956
having its office at 2nd floor, Darabshaw
House, Ballard Estate, Shoorji Vallabhdas
Marg, Mumbai400 001. ...Plaintiff.
V/s.
1. Teem Advertising,
a sole propriety concern, having its office
and carrying on business from 135/3, Main
Gulmohar Park Road, Gautam Nagar, New
Delhi110049.
2. Mr.Sumeer Grover,
Adult, Hindu Indian Inhabitant, Sole
Proprietor of Teem Advertising, having his
office address at 735/3, Main Gulmohar
Park Road, Gautam Nagar, New Delhi
110049. ...Defendants.
Appearances:
Ld. Adv Ms.Radha Kapadia for plaintiff.
None for defendants. Hence, suit proceeded exparte against
defendants.
MHCC01-001259-2018
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CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 30th January,2019
J U D G M E N T
(Exparte)
This is a suit for recovery of Rs.3,12,135/ with interest.
2. In short, plaintiff came with a case that, plaintiff is a company
incorporated under the provisions of Companies Act,1956 having its
office at the address mentioned in the cause title of plaint. Defendant
No.1 is a sole proprietary concern of defendant No.2. They are
customers/ constituents of plaintiff. Plaintiff carrying business as
Publishers of various nonnews Magazines like, 'Vogue India', 'GQ
India', ' Artchitectural Digest India', amongst others.
3. Plaintiff submitted that, on or abut September,2015 defendant
No.2 approached to plaintiff with a request to publish the
advertisement pertaining to the brands “Jaype Hotels” in the plaintiff's
maganize, 'Vogue India'. The said advertisement as per Release Order
dt.17.09.2015 was to be published in the October,2015. Accordingly
plaintiff has raised their invoice on defendants in the sum of
Rs.2,15,022/ towards costs of advertisement that had appeared in the
October,2015 issue of plaintiff's magazine 'Vogue India'. The details of
the invoice are as under :
Sr. Date Invoice NO. Invoice Amount
(Rs)
Outstanding
Amount.
1 15th October,
2015
Ad/1516/1465 2.15.022/ Rs.2,15,022/
Total ... Rs.2,15,022/
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4. Plaintiff submitted that, above invoices are duly received by
defendants without any objection. Therefore, defendant are due and
liable to pay the amount of the invoices to plaintiff. However,
defendants did not make the payment of the same. Therefore, plaintiff
issued notice through Advocate dt.23.06.2016 calling upon defendants
to make payment. In spite of receipt of notice defendants failed to
make the payment. Plaintiff submitted that, in spite if availing services,
defendants have failed and neglected to make the payment outstanding
against them. Therefore, plaintiff approached to this Court and
tendered present suit against defendants for recovery of outstanding
amount.
5. Writ of summons of this suit served upon defendants. Affidavit of
service is filed. In spite of service defendants have not appeared nor
contested the suit. Hence, suit proceeded exparte against defendant.
6. In support of its claim plaintiff tendered claim affidavit at Exh.5
and list of documents at Exh.6. Plaintiff proved the following
documents during the course of trial.
Ex.07.
Ex.08.
Ex.09.
Copy of release order dt.17.09.2015.
Copy of invoice dt.15.10.2015 bearing No.AD/15
16/1465.
Copy of legal notice dt.01.07.2016 together with online
tracking report.
7. Heard learned Advocate for plaintiff. Perused record and
proceedings.
8. On perusal of the release orders at Exh.7 it is apparent that, on
behalf of defendant No.1 the order was placed to plaintiff for
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publication. After publishing the advertisement plaintiff raised invoices
and which were duly accepted by defendants without any demur.
Therefore, it is legal liability of defendants to pay the amount of
invoices issued against them by plaintiff. In spite of several requests
and reminders defendants did not make the payment. Even they have
failed and neglected to pay the outstanding dues after receipt of notices
issued through Advocate by plaintiff. Therefore, it seems that,
defendants are avoided to pay the outstanding amount for the services
availed by them.
9. In spite of service of writ of summons none appeared on behalf of
defendants. Therefore, claim of plaintiff remains unchallenged and
unrebutted. Even the documents proved by plaintiff are
uncontroverted. Therefore, I have no hesitation to accept the
unchallenged claim of plaintiff. Therefore, suit filed by plaintiff for
recovery under O.XXXVII R.2 of C.P.C. needs to be accepted.
Defendants neither present nor rebutted the claim of plaintiff. Which
clearly establishes the claim of plaintiff and therefore, plaintiff is
entitled to recover outstanding due amount with interest @ 21% per
annum. In spite of repeated demand and opportunity defendants have
not paid the amount. Therefore, costs of this suit needs to be saddled
on defendants.
10. The suit remains unchallenged and undefended. Therefore,
under partIII, R(E), schedule I of Bombay City Civil & Sessions Court
Rule, 1948 plaintiff becomes entitled for refund of 2/3rd court fee
voucher, if prayed. In the result, suit deserves to be decreed with costs.
Hence, I proceed to pass the following order :
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O R D E R
1. Suit is decreed with costs.
2. Defendants jointly and severally do pay Rs.3,12,135/
along with interest @ 21 % per annum on principal
outstanding amount Rs.2,15,022/ to plaintiff from the
date of filing of this suit till realization of entire
decreetal amount.
3. Defendants jointly and severally do bear their own costs
with costs of plaintiff.
4. Decree be drawn up accordingly.
5. The 2/3rd Court fee refund voucher, as per rule, be
issued in favour of plaintiff, if prayed.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.: 30/01/2019 City Civil Court, Gr. Mumbai
Dictated on : 30.01.2019
Transcribed on : 30.01.2019
Signed on : 30.01.2019
kps/
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
30.01.2019 at 5.00p.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 30.01.2019
Judgment/order signed by P.O. on 30.01.2019
Judgment/order uploaded on 30.01.2019
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