LAWS(DLH)-2010-7-71

VASUDEVA PUBLICITY SERVICE Vs. MRF LTD

Decided On July 02, 2010
VASUDEVA PUBLICITY SERVICE Appellant
V/S
MRF LTD Respondents

JUDGEMENT

(1.) The plaintiff has filed this suit for recovery of Rs.58,43,756/- as the principal amount and Rs.20,84,176/- as interest, a total amount of Rs.79,27,932/- from the defendant on account of advertisement of defendant displayed through the plaintiff.

(2.) The plaintiff contended that he is engaged in the business display of outdoor publicity/advertisements in Delhi and surrounding areas. According to the plaintiff, defendant had been availing the services of the plaintiff for display of his advertisements. The defendant had allegedly approached the plaintiff in January 1998 for display of advertisements on traffic islands on Bharion Marg Junction and Nehru Place Crossing and after negotiations, the plaintiff agreed to display defendants advertisements at two traffic islands, Mathura Road, Bhairon Marg Junction near Pragati Maidan for one year from 15th January, 1998 to 14th January, 1999 and on four traffic islands at Nehru Place for one year from 1st February, 1998 to 31st January, 1999 at a monthly rate of Rs.50,000/- per island plus 5% service tax.

(3.) After settlement of all the terms for display of advertisement of the defendant and starting displaying the advertisements, plaintiff sent agreement/contract dated 2nd April, 1998 to the defendant to sign and return the same for records, as a concluded contract between the parties had already come into existence pursuant to which the plaintiff had already started displaying defendants advertisements at sites.