VEENA JAIN Vs. SUNIL SOOD

JUDGEMENT

(1.) The present suit for recovery of Rs. 51,80,772/- is filed by the plaintiff against the defendant for the balance due on a running account from the relationship which arose on the plaintiff providing various services to the defendant for telecast of various episodes of serial 'School Days' on Doordarshan T.V. Out of the aforesaid amount, principal amount due is of Rs. 27,84,947.50/- and the balance amount claimed is of interest @ 24% per annum simple.

(2.) The facts of the case are that defendant was successful in obtaining a contract from Doordarshan for telecasting of various episodes of a serial 'School Days'. The total number of episodes were 52 and details of which have been given from pages 4 to 14 of the plaint. In fact, I am told that there were 53 episodes as one episode was repeated. The plaintiff used to provide services by getting advertisement revenue in the periods (free commercial times) provided in the episodes for telecast of the commercials. The method of payment to the plaintiff was that either the defendant used to make payment to the plaintiff or on occasions the plaintiff used to directly collect money from the advertiseRs. The plaintiff contends that she successfully performed her obligations. It is further pleaded that as per the running account and the bills raised upon the defendant, the defendant used to make on account payments. The plaintiff also states that a number of cheques given by the defendant were not deposited on the request of the defendant inasmuch as the defendant did not have sufficient funds in her account to make the payment. On the failure of the defendant to make payment of the dues, after serving a notice, the subject suit for recovery came to be filed.

(3.) Though the defendant initially appeared, filed his written statement, got issues framed, however, the defendant failed to lead evidence, and the right of the defendant to lead evidence was ultimately closed by a learned Single Judge of this Court vide order dated 28.11.2011. I am informed by the counsel for the plaintiff that this order has become final as the same has not been challenged. The defendant has failed to appear thereafter and did not appear even today for arguments.