Single judge order in a suit for recovery of advertisement money. The court found triable issues as the defendant alleged advertisements were shown in a different, similarly named programme not mentioned in the plaint. Defendant granted unconditional leave to defend.
Defendant granted unconditional leave to defend the suit.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMONS FOR JUDGMENT NO. 224 OF 2004
IN
SUIT NO.2249 OF 2003
ETC Networks Ltd .. Plaintiff
versus
M/s Synthiko Export Pvt.Ltd .. Defendant
Mr. H.N.Thakore i/b T.Jariwala & Co for Plaintiff.
Mr.M.M.Gunjalkar i.b V.N.Bagera for Defendant
CORAM : D.G. KARNIK, J
DATED : 21st March 2005.
P.C:-
1. Heard learned counsel for the parties. The
plaintiff is a TV channel. The defendant placed
orders on the plaintiff for advertisement to be
inserted in the programme " " Popkoun". According to
the plaintiff, the advertisement were inserted in the
said programme and bills were issued to the defendant.
However, the defendant failed and neglected to make
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the payment. Hence, the plaintiff has filed this suit
for recovery of the money. According to the
defendant, the advertisemernt were never shown in the
programme "Popkoun" and therefore it is not liable to
make the payment. After perusal of the affidavit,
rejoinders and surrejoinders, and compilation of the
documents handed in, it appears that the advertisement
were not shown in the programme " Popkoun" but the
advertisement were shown in the programme "Popnakka".
According to the learned counsel for the plaintiff,
the name of "Popkoun" was changed to " Popnakka".
This fact has not been mentioned in the plaint. I am
of the view that the defences raised by the defendant
including the defence that advertisement was not shown
in the programme " Popkoun" gives rise to triable
issues in the suit. Hence, the defendant is granted
unconditional leave to defend the suit.
2. The suit stand transferred to the list of
commercial causes. The defendant to file the written
statement within one month.
D.G.KARNIK, J
3 issues framed by the court
Whether the defence raised by the defendant regarding the advertisement not being shown in the specified programme gives rise to triable issues.
Whether the plaintiff's plaint sufficiently discloses the programme name as originally alleged.
Whether the defendant is entitled to unconditional leave to defend the suit.
D.G. Karnik
As recorded by the court registry
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