Final Order 1

Order Details: Other
Pdf Text: ..1.. Summons for Judgment
No.200/2019
MHCC010069482019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
SUMMONS FOR JUDGMENT NO.200 OF 2019
(CNR NO.MHCC01-006948-2019)
IN
SUMMARY CIVIL SUIT NO.1 OF 2018
M/s. Digital Radio (Mumbai) Broadcasting Limited,
a Company registered under the Companies Act, 1956
having its Corporate Office at B/Wing, 3rd floor, Todi
Estate, Sun Mill Compound, Lower Parel, Mumbai –
400 013 and Registered Office 401, Dakha House,
18/17, W.E.A, Karol Bagh, New Delhi-110005,
through its Authorised Representative Mr. M. A.
Thomas, Aged 50 years.
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VERSUS
1. M/s. Jaya Advertising Private Limited, a company
registered under the Companies Act, 1956 having
its Registered Office at 9, Elphinstone House, 17,
Marzban Road, Fort, Mumbai – 400 001 and
Administrative Office at 10/265, Vishram Wadi,
Opposite Gandhi Market, King Circle, Mumbai –
400 022 Through its Managing Director Mr. Jaydeep
Rajendra Gandhi.
2. Mr. Jaydeep Rajendra Gandhi, an adult, Indian
Inhabitant of Mumbai, residing at C-2/519, Kaveri
Co-operative Housing Society, H.R. Mahajani Road,
Matunga, Mumbai – 400 001.
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..2.. Summons for Judgment
No.200/2019
Appearance :
Learned Advocate Rajesh Singh for plaintiff.
None for defendants.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.15.
DATE : 04/12/2023
O R D E R
1 This summary suit is filed for recovery of amount,
contending that the plaintiff is a private limited company carrying on
business of Broadcasting 24 hour radio channel in Mumbai under the
name and style of “Red FM 93.5”. The defendant No.1 is also a
company and advertising agency. Defendant No.2 is its director.
Defendant No.1 has placed order to the plaintiff for
advertising/broadcasting the product “Vasant Oasis” Project of M/s.
Transcon-Sheth Creators Private Ltd. on its channel Red FM 93.5
during the period from 09/10/2014 to 25/10/2014. Said order was
accepted by the plaintiff for broadcasting aforesaid product on its
channel Red FM 93.5. The plaintiff has achieved and absolved the
obligations of broadcasting during the period of order and thereafter,
raised the invoice dated 31/10/2014 for Rs.14,16,307/- and submitted
to the office of defendant on 06/11/2014 for the payment. However,
plaintiff did not pay the amount under the invoice. In continuation to
the invoice of the plaintiff issued confirmation letter dated 06/11/2014
and 30/06/2015 requesting the plaintiff to clear the arrears of the bill
amount. The defendants accepted the balance confirmation letters, but
did not pay the amount. The defendants have deliberately avoided to
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..3.. Summons for Judgment
No.200/2019
pay the amount therefore, the plaintiff has issued legal demand notice
through the advocate, but in vain. Consequently, the plaintiff became
constrained to file instant suit for recovery of amount under the
invoice with interest at the rate of 24% per annum.
2 In response to the summons for appearance, the
defendants have tendered their appearance. Thereafter, the plaintiff
took out instant summons for judgment which was duly served upon
the defendant No.1. They failed to raise defence. Thereafter, the
defendants took out notice of motion No. 4086/2019 for condonation
of delay, but failed to proceed with the notice of motion, secondly
notice of motion came to be dismissed in default on 03/07/2023.
Thus, the claim of plaintiff remained unchallenged.
3 Heard the learned advocate for plaintiff.
4 Perused the documents under the list. It appears from the
record that the defendants have placed order for advertising brand
“Vasant Oasis” as claimed by the plaintiff. The said order No.
RKC/10/14-15/003 is at serial No.2 of the list. After completion of the
advertisement obligation, the plaintiff has raised invoice. The invoice is
at serial No.3 of the list. Invoice is raised on 31/10/2014 for
Rs.14,16,307/-. The record also shows that in failure to pay the
amount under the invoice, the plaintiff has issued two confirmation
letters dated 06/11/2014 and 30/06/2015. The plaintiff has received
the same, but failed to response. Legal notice dated 17/08/2015 shows
that it was posted to the address of the defendants. From the record it
reveals that the defendants have neither responded to the invoice and
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No.200/2019
the confirmation letter nor raised any objection regarding the service
rendered by the plaintiff. Thus, they are under obligation to pay the
amount under the invoice.
5 The omission on the part of the defendants to proceed
with the suit and to raise defence shows that the defendants have no
good defence to challenge the claim of plaintiff and as per the
provisions of Order XXXVII Rule 2(3) of the Code of Civil Procedure,
plaintiff is entitled for decreed of amount under the invoice.
6 So far as interest is concerned, the plaintiff is claiming
interest at the rate of 24% per annum from the defendants, however, I
am of the view that it is an exorbitant rate of interest. No doubt the
plaintiff has suffered loss in business and profit, due to failure to repay
the amount by the defendants. Had it been paid to the plaintiff as per
demand, it would have invested and would have earned profit
therefrom. Therefore, I am of the view that the plaintiff is entitled for
interest at the rate of 9% per annum from the date of legal notice i.e.
17/08/2015, till its full realisation.
7 As the defendants have made plaintiff constrained to file
the suit, they are also liable to pay the costs. In the result, I proceed to
pass the following order :-
ORDER
1. Summons for Judgment No.200/2019 in Summary
Civil Suit No.1/2018, is hereby partly allowed.
2. Summary Civil Suit No.1/2018, stands decreed.
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3. The defendants do pay the plaintiff sum of
Rs.14,16,307/- alongwith interest at the rate of 9%
per annum from 17/08/2015, till its full realisation.
4. Decree be drawn up accordingly.
5. Court fees, if any, be refunded as per rule.
(Judgment dictated and pronounced in open Court)
(Shaikh Akbar Shaikh Jafar)
Judge, City Civil Court, Gr. Bombay.
Date: 04/12/2023. C.R. No.15
Dictated on : 04/12/2023.
Transcribed on : 04/12/2023.
Signed by HHJ on : 05/12/2023.
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“Certified to be true and correct copy of the original signed order”.
05/12/2023
at about 3.30 p.m.
(Ms. Sonali S. Sawant)
Stenographer (Grade-III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge
Court Room No.15, Gr. Mumbai
Date of pronouncement of Order : 04/12/2023
Order signed by Hon'ble Judge on : 05/12/2023
Order uploaded on : 05/12/2023
at about 3.30 p.m.
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