Final Order 1

Order Details: Ex-parte Judgement
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MHCC010024682018
Presented on : 15-02-2018
Registered on : 19-06-2018
Decided on : 20-08-2021
Duration : three years, two
months, one day.
IN THE COURT OF
COURT 14 ADDL SESSIONS JUDGE AT Mumbai,Mumbai
Presided Over by HHJ Shri. S. U. Hake
Commercial Suit/100678/2021
Exhibit No.: 8
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, Mumbai 400001. ..Plaintiff
VERSUS
Ctaare Exim Private Limited,
21, Ground Floor, Empire Estate,
Sultanpur, M. G. Road,
Delhi, South Delhi 110030.
AND
Empire Plaza, Unit No.204, 2nd Floor,
Mehrauli, Gurgaon Road,
Sultanpur,
New Delhi110 030. ..Defendant
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Advocate for plaintiff: Shri. Deeshank Doshi i/b M/s. Thakore
Jariwala and Associates
Defendant and adv. absent.
JUDGMENT
(Dated 20/08/2021)
1. Suit is for recovery of Rs.3,97,111/with interest @
21% p.a.
2. Briefly stated, plaintiff's case, is as under:
Plaintiff is a Company carrying on business as
publishers of various nonnews Magazines like 'Vogue India', 'GQ
India' and 'Architectural Digest India'. In January2016,
defendant approached plaintiff with a request to publish it's
advertisement pertaining to the brand 'Handmade World' in three
publications of plaintiff. Accordingly, defendant issued Release
orders dated 19/01/2016 and 26/12/2016. In pursuance to the
Release orders issued by the defendant, plaintiff published the
advertisement pertaining to the brand 'Handmade World' in it's
publication by name 'Architectural Digest India', 'AD THE
SOURCE 2016' and 'AD Handbook 20162017'. After publication
of the advertisements in the magazines, plaintiff raised invoices
as under:
Sr.No Date Invoice No. Invoice
Amount
Rs
Outstanding
Amount
Rs
1 31122016 AD/1617/2189 1,53,000/ 1,53,000/
2 31122016 AD/1617/2194 1,03,275/ 1,03,275/
3 20012017 AD/1617/2380 72,765/ 72,765/
TOTAL 3,29,040/
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These invoices were duly received by the defendant in the normal
course of business without raising any dispute with regard to
services rendered by plaintiff. Defendant was liable to make the
payment of amount mentioned in invoices within 30 days. But,
defendant failed to make the payment of the outstanding amount.
Plaintiff issued notice dated 15/01/2018 through advocate to the
defendant. But, defendant failed to make the payment of the
outstanding amount. Hence, this suit.
3. The suit summons were deemed to be served to
defendant as per service affidavit(Ex.5). But, defendant failed to
tender his appearance before the Court within stipulated period,
therefore suit proceeded exparte as per order XXXVII Rule 2(3) of
the Code of Civil Procedure, 1908 by order dated 11/03/2020.
4. Following points arise for determination, findings
thereon for the reasons to follow are as under:
Sr.No. Points Findings
1. Does the plaintiff prove that
an amount of Rs.3,97,111/ is
outstanding against the
defendant?
Proved
2. What order and decree? Suit is decreed with costs
as per final order.
REASONS
Point No.1.
5. In support of it's claim, plaintiff filed affidavit of
evidence of witnessMr.Anthony Paulose(Ex.6). Plaintiff also
relied upon following documents filed alongwith list (Ex.7).
1. Copy of Release order dated 19/01/2016
2. Copy of Release order dated 26/12/2016
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3. Copy of invoice dated 31/12/2016
4. Copy of invoice dated 31/12/2016
5. Copy of invoice dated 20/01/2017
6. As discussed above, none appeared on behalf of the
defendant. Therefore, plaintiff's claim remain unchallenged and
unrebutted. The Release orders dated 19/01/2016 and
26/12/2016 show that defendant placed orders regarding
advertisement of his brand ' Handmade World'. The documents
filed on record further shows that plaintiff has published
advertisement as per Release Order issued by the defendant. For
the services rendered by the plaintiff, three invoices were issued.
However, defendant failed to make payment of the amount
mentioned in the invoices.
7. Plaintiff relied upon following Judicial
pronouncements.
1. Jatin Koticha V/s VFC Industries Pvt. Ltd. (2008) 2 Bom
CR 155,
2. Jyotsna K.Valia V/s T.S.Parekh & Co., 2007(4) Mh.L.J.
517.
8. From the Judicial Pronouncements cited on behalf of
the plaintiff, it is clear as crystal that a written contract
contemplated under Order XXXVII need not to be signed by both
the parties and summary suit under Order XXXVII Rule 2 is
maintainable on the basis of invoices.
9. Plaintiff's claim remain unchallenged. Therefore, suit
for recovery under Order XXXVII Rule 2 of C.P.C. needs to be
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decreed. Plaintiff claimed interest at the rate of 21% p.a. It is
submitted that interest claimed, is the interest mentioned in the
invoices raised by plaintiff. These invoices are duly accepted by
the defendant and therefore plaintiff is entitled to claim interest
at the rate of 21% p.a. Point No.1 is answered accordingly. In the
result, following order:
ORDER
1. Suit is decreed with costs.
2. Defendant shall pay an amount of Rs.3,97,111/
(Three lakhs ninety seven thousand one hundred and
eleven only)alongwith interest @ 21% p.a. on the
principal outstanding amount of Rs. 3,29,040/ to
the plaintiff from the date of the suit till it's
realization within two months.
3. Decree thus follow.
4. Court fee be refunded as per Schedule 1 of (E)
Rules framed under Section 11(2) of the Bombay
City Civil Court Act, 1948, for the refund of
Institution Fee.
20/08/2021 S.U.HAKE
JUDGE,
CITY CIVIL COURT,
GR.MUMBAI.
Dictated on : 20/08/2021
Transcribed on : 20/08/2021
Signed on : 21/08/2021
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'CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”.
21/08/21 at 02.30 pm.
Mrs.Tanushree C.Kamble
Name of the Judge HHJ SHRI SU Hake
Date of Pronouncement of
judgment/order
20/08/21
Judgment and order signed by P.O. 21/08/21
Judgment/order uploaded on 21/08/21
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