Delhi District Court
Ht Media Ltd vs Nivham Communication Pvt. Ltd on 25 January, 2023
IN THE COURT OF MS. SWATI GUPTA, ACJ-CUM-ARC-CUM-CCJ,
NEW DELHI DISTRICT, PATIALA HOUSE COURTS, NEW DELHI
CS SCJ No. 171/22
HT Media Ltd.
Having its registered office at:
18-20, 2nd Floor, Hindustan Times House,
Kasturba Gandhi Marg, New Delhi-110001
Through its Authorized Representative
Mr. Amit Sharma ... Plaintiff
VERSUS
Nivham Communication Pvt. Ltd.
Having its registered office at
Shop No. 7, Plot No. 50, Sector 4, Kharghar,
Seawood Heritage, Co-operative Housing Society,
Navi Mumbai, Maharashtra-410210
M: 8369560072, 9321989449, 9668897528
Email: [email protected]
... Defendant
CIVIL SUIT FOR RECOVERY OF RS. 1,51,500/-
Date of institution : 16.02.2022
Arguments heard on : 25.01.2023
Date of judgment : 25.01.2023
Final judgment : Suit Decreed.
EX-PARTE JUDGMENT
1.The present suit has been filed by the plaintiff against the defendant for recovery of a sum of Rs. 1,51,500/- (Rupees One Lakh Fifty One Thousand and Five Hundred Only) CS No. 171/22 Page 1 of 5 M/s HT Media Ltd. Vs. Nivham Communication Pvt. Ltd.
alongwith interest pendente lite and future at the rate of 18% per annum alongwith costs.
Brief facts
2. Brief facts of the present case, as averred in the plaint, are that the plaintiff is engaged in the business of publishing various newspaper, periodicals including Hindustan Times, Mint and other literary and print publications including certain non-print media and is part of Hindustan Times Group which has a footprint across print, digital and radio and are one of India's largest names in the media industry. The defendant is an agency and approached the plaintiff for services of plaintiff for publishing advertisements for its clients in the publications of the plaintiff. Believing the assurance and representation of defendant, plaintiff agreed to provide services to defendant and published advertisements for its clients. However, defendant failed to comply with their obligations and undertakings and failed to clear the amount. That defendant had sought some more time to make the balance payment of Rs. 1,35,314/- which was not done. It is further stated that the defendant failed to clear the liability despite issuance of demand notice dated 29.12.2021. With these facts, the plaintiff has filed the present suit against the defendant for recovery of a sum of CS No. 171/22 Page 2 of 5 M/s HT Media Ltd. Vs. Nivham Communication Pvt. Ltd.
Rs.1,51,500/- (including interest from 01.06.2021 to 31.01.2022) alongwith interest pendentelite & future thereon @ 18% per annum.
Trial and Evidence
3. Summons were issued to the defendant. Despite due service by e-mode, defendant did not file any written statement within the statutory period and accordingly, its defence was struck of and it was proceeded ex-parte vide order dated 23.11.2022.
4. In ex-parte evidence, the plaintiff company examined Sh.
Amit Sharma, its Authorized Representative as PW-1, who tendered his evidence by way of affidavit Ex.PW-1/A and relied upon the documents from Ex.PW1/2 to Ex.PW1/17 and Mark PW1/1.
5. Thereafter, ex-parte PE was closed vide order dated 06.01.2023.
Arguments and Relief
6. I have heard the ex-parte final arguments advanced by Ld. Counsel for the plaintiff company and carefully perused the record.
7. In the present case, as noted above, vide order dated 23.11.2022, the defendant was proceeded ex-parte and its defence was struck of for not filing the written statement. The plaintiff has inter alia proved on record Copy of CS No. 171/22 Page 3 of 5 M/s HT Media Ltd. Vs. Nivham Communication Pvt. Ltd.
power of attorney Ex.PW1/2 (OSR); Invoice dated 13.03.2021 Ex.PW1/3; Publication Ex.PW1/4; Release order dated 12.03.2021 Ex.PW1/5; Invoice dated 17.03.2021 Ex.PW1/6; Publication Ex.PW1/7; Release order dated 16.03.2021 Ex.PW1/8; Invoice dated 26.03.2021 Ex.PW1/9; Publication Ex.PW1/10; Release order dated 25.03.2021 Ex.PW1/11; E-mails Ex. PW1/12 (colly); Legal notice Ex. PW1/13; Courier receipts Ex. PW1/14 (colly) ; Statement of account Ex. PW1/15; Statement of dues Ex. PW1/16; and Certificate u/S 65B Evidence Act Ex. PW1/17. The said evidence of PW1 stands unrebutted / unchallenged, as PW1 was not cross- examined by the said defendant. This Court does not find any reason to disbelieve the unrebutted testimony of AR of the plaintiff company / PW-1 recorded on oath in Court. In view of the unchallenged testimony of PW1, documents exhibited/tendered in evidence by PW1 and on the basis of material on record, it may be said that the plaintiff company has been able to prove its case against defendant on preponderance of probabilities.
8. In view of the aforesaid discussion, the present suit is decreed in favour of the plaintiff company and against defendant. The plaintiff company is held entitled for the decreetal amount of Rs. 1,51,500/-. The plaintiff has CS No. 171/22 Page 4 of 5 M/s HT Media Ltd. Vs. Nivham Communication Pvt. Ltd.
claimed pendente lite and future interest at the rate of 18% pa. However, it is settled law that pendentelite and future interest are matters of discretion and considering that the interest at the rate of 18% pa is onerous and penal in nature, it is not considered equitable to grant such high rate of interest. Accordingly, simple interest at the rate of 6% per annum is considered just and equitable in the present case. In view of the above, the suit of the plaintiff stands decreed against defendant. Defendant is liable to pay the sum of Rs.1,51,500/- to the plaintiff alongwith simple interest at the rate of 6% per annum from the date of institution of the suit till its realization.
9. Deficient court-fees, if any, be filed within 10 days from today and decree sheet be prepared accordingly. Costs of the suit are also awarded in favour of the plaintiff.
10. File be consigned to Record Room after due compliance.
Announced in the open Court (SWATI GUPTA) today i.e. on 25.01.2023. ACJ/CCJ/ARC, NDD, PHC NEW DELHI : 25.01.2023 CS No. 171/22 Page 5 of 5 M/s HT Media Ltd. Vs. Nivham Communication Pvt. Ltd.