Final Order 1

Order Details: Copy of Judgment
Pdf Text: S/J. No.124/19 1
IN THE CITY CIVIL COURT AT MUMBAI
SUMMONS FOR JUDGMENT 124 OF 2019
IN
SUMMARY SUIT NO. 928 of 2018
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
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
Versus
Adgear Media Private Limited,
A Company incorporated under
the provisions of the Companies Act, 1956
having its registered office at 6th Floor, 6E,
Gee Gee Emerald, No. 151, Village Road
Nungambakkam, Chennai 600 034
And also at:
104A, 1st Floor, A wing, Eastern Court Coop.
Hsg. Society, Parleshwar Road, Vile Parle East,
Mumbai400 057 ...Defendant.
Appearances:
Ld.Advocate Ms. Kapadia i/b. M/s. Thakore Jariwala & Associates for
the Plaintiff.
Ld. Advocate Mr. Rohit D. for the defendant.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 7th December 2020
J U D G M E N T
1. This is Summons for Judgment for recovery of Rs.15,35,695/
(Rupees Fifteen Lakhs Thirty Five Thousand Six Hundred and Ninety
Five Only) with Pendente Lite and future interest at the rate of 21% p.a.
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on the principal sum of Rs.13,86,160/ (Thirteen Lakhs Eighty Six
Thousand One Hundred and Sixty only).
2. According to the plaintiff, it is a registered company
carrying on the business as publisher of non news magazines as 'Vogue
India', 'Architectural Digest India' and 'GQ (Indian Edition)'. The
defendant is the customer of the plaintiff. On the request of the
defendant and as per the release order dtd.20.06.2017 issued by the
defendant, the plaintiff published the advertorial /advertisements in
August to October 2017, December 2017 to February 2018 in the
magazine 'Vogue India'. The advertorial/ advertisements were published
as per the specification given by the defendant. Thereupon, the plaintiff
raised invoices dtd.31082017, 15092017 each for Rs.2,31,026/,
dtd.14102017, 15122015, 12012018 and 10022018 each for
Rs.2,31,027/, in total for Rs.13,86,160/. The defendant received the
same invoices. The defendant was required to make payment under the
said invoices within 30 days from the date of presentation of the
invoices. However, the defendant neglected to make the payment. The
plaintiff also issued legal notice dtd.15.03.2018 which came to be
served on the defendant. However, the defendant failed to make the
payment. At the institution of the suit the amount due and payable by
the defendant was Rs.15,35,695/ including the amount towards
interest at the rate of 21% p.a. as per the contract on the principal sum
of Rs.13,86,160/. Therefore, the plaintiff claimed decree for recovery
of said amount with pendente lite and future interest at the rate of 21%
p.a..
3. On service of summons for appearance the defendant appear.
Thereupon, the plaintiff taken out summons for judgment. It was served
on the defendant. However, the defendant failed to file reply to the
summons for judgment. Hence, the matter proceeded without reply of
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the defendant to the summons for judgment. The plaintiff filed claim
affidavit at Exh.6 of its authorized signatory namely Anthony and
Documents with the list at Exh.7.
4. Considering the material on record and submissions made on
behalf of the plaintiff points arise for determination along with my
findings thereon for the reasons recorded are as under:
Sr.No. POINTS FINDINGS
1. Whether the plaintiff is entitled to
recovery of the amount ?
Affirmative
2. At what rate of pendente lite and future
interest?
12% p.a.
3. What order & decree? As per final order
REASONS
AS TO POINTS NO.1 to 3 :
5. The Affidavit and the documents as the release order dtd.
20062017 show that the defendant placed the relevant order. The
testimony of Anthony shows that pursuant to the release order the
plaintiff published the advertorial/ advertisement of the defendant's
brand in August to October 2017, December 2017 to February 2018 in
the magazine 'Vogue India' as per the specification of the defendant.
Accordingly, the plaintiff issued the invoices dtd.31082017, 1509
2017 each for Rs.2,31,026/, dtd.14102017, 15122015, 12012018
and 10022018 each for Rs.2,31,027/, in total for Rs.13,86,160/.
Copies of the same invoices are produced on record which show that
the plaintiff issued the same for total Rs.13,86,160/. The same invoices
also show that the interest chargeable was agreed to be 21% p.a.. Thus,
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the defendant was under obligation to pay the amount of the invoices to
the plaintiff for the services rendered. However, the testimony of PW 1
Anthony reveals that the defendant failed to pay the amount. The copy
of legal notice alongwith the postal receipt and the acknowledgment are
also produced on record which show that the notice was served on the
defendant. The overall circumstances show that the defendant failed to
pay the amount to the plaintiff. As such the plaintiff is entitled to the
recovery of amount of Rs.15,35,695/ (Rupees Fifteen Lakhs Thirty Five
Thousand Six Hundred and Ninety Five Only). As regards the pendente
lite and future interest, considering the nature of transaction between
the parties it is just and proper to grant pendente lite and future interest
at the rate of 12% p.a.. Hence, point No.1 is answered in the
Affirmative and point No.2 is answered as at the rate of 12% p.a.. In
answer to point No.3 order as follows is passed:
ORDER
1. The suit is decreed with costs as under.
2. The Defendant shall pay to the plaintiff the amount of
Rs.15,35,695/ (Rupees Fifteen Lakhs Thirty Five Thousand Six
Hundred and Ninety Five Only) with simple interest at the rate of 12%
p.a. on the principal amount of Rs.13,86,160/ from the date of suit till
realization of the amount.
3. Decree be drawn up accordingly.
4. The summons for judgment and the suit are accordingly disposed.
(Deepak L. Bhagwat)
AdHoc Judge,
Date: 07/12/2020 City Civil Court, Gr. Mumbai
Dictated on : 07/12/2020
Transcribed on : 08/12/2020
Signed on : 08/12/2020
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S/J. No.124/19 5
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
09.12.2020 11.00 a.m. S.S.Bathe
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room No.) HHJ Shri.D.L.Bhagwat
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
07/12/20120
Judgment/Order signed by P.O. on 08/12/2020
Judgment/Order uploaded on 09/12/2020
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