BIGDOT ADVERTISING Vs. COMMUNICATIONS PVT LTD

JUDGEMENT

(1.) This is a suit filed by the plaintiff company M/s BIGDOT Advertising & Communications Pvt. Ltd. for recovery of Rs. 3,16,39,009.64/- against Union of India through Secretary, Department of Telecommunications/defendant no. 1 and Telecommunications Consultants India Ltd. (TCIL)/defendant no. 2. The amount claimed is stated to be the balance payment due for advertisements which were got published by the plaintiff for the defendant no. 2.

(2.) (I) Both the defendants have appeared and filed their written statements. The Union of India, Department of Telecommunications/defendant No. 1 pleads that it is not liable because it has no privity of contract with the plaintiff. It is also pleaded that payments which can be made to the plaintiff are only at DAVP rates and not the commercial rates at which advertisements have been got published by the plaintiff in 114 newspapers and 20 magazines.

(3.) (I) Issues were framed in this case on 2.4.2003 and which read as under:-