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2000 DIGILAW 65 (DEL)

BENNET COLEMAN AND COMPANY LIMITED v. S. M. ADVERTISING

2000-01-24

VIKRAMAJIT SEN

body2000
VIKRAMAJITSEN ( 1 ) THIS is a suit filed for the recovery of a sum of Rs. 7,68,632. 45 P. together with pendente lite and future interest at the rate of 24% per annum from the date of the filing of the suit till the date of realisation of the decorate amount together with costs. ( 2 ) SUMMONS in the suit were issued from time to time. Finally on 10. 7. 1997 the Defendants were proceeded ex parte, having failed to enter appearance despite having been served by publication for that date. The plaintiff was given the liberty to lead evidence by way of affidavit. This affidavit was filed and 194 documents were exhibited. ( 3 ) THE averments in the Plaint have been supported by the evidence of Shri K. K. Krishnan, who was at the relevant time, employed as a Deputy Manager in the Accounts and Recovery Department of the Plaintiff Company. He has deposed that he is well conversant with the facts and circumstances of the case. He has further deposed that Mr. M. Venkatraman was duly authorised by the Plaintiff to institute the suit, sign and verify pleadings etc. in terms of the Company s Resolution dated 25. 3. 1993 and 1. 2. 1996 -Ext. P-1 and P-195 respectively. He has further deposed that the plaintiff owns and published various news papers and magazines and incorporates advertisements therein the ordinary course of its business. It has been stated by him that the Defendant was engaged in the business of Advertising Agency and in the course of business had placed orders for publication of advertisements on behalf of his clients in several newspapers of the Plaintiff Company. As is a common practice credit facilities were extended to the defendant by the Plaintiff for a period of 60 days, after which the latter was entitled to claim 24% interest. The statement of Accounts was exhibited as Ext. P-2, which discloses that a sum of Rs. 5,11,093. 95 was due to the plaintiff from the Defendant. The original documents such as release orders, bills and copies of the newspapers cutting showing that the advertisement published on behalf of the Defendant have been filed, and are Ext. P-3 to Ext. P-3 to Ext. P-192. It has been deposed by this witness that on this sum of Rs. 5,11,093. 95 as shown in the Statement of Accounts Ext. The original documents such as release orders, bills and copies of the newspapers cutting showing that the advertisement published on behalf of the Defendant have been filed, and are Ext. P-3 to Ext. P-3 to Ext. P-192. It has been deposed by this witness that on this sum of Rs. 5,11,093. 95 as shown in the Statement of Accounts Ext. P-2, Interest at the rate of 24% per annum is liable to be recovered which amounts aggregates Rs. 2,57,538. 50 till the date of the finding of the suit. ( 4 ) I am satisfied that the Plaintiff has succeeded in proving its claim for Rs. 7,68,632. 45. Decree for this amount together with pendants lite and future interest at the rate of 24% per annum from the date of filing of the suit till the date of satisfaction of the decretal amount is passed together with cots injured by the plaintiff. ( 5 ) DECREE sheet be drawn up accordingly.