HDFC BANK LTD Vs. DELHI GYMKHANA CLUB LTD

JUDGEMENT

(1.) Since the respondent/Delhi Gymkhana Club Ltd. has filed the caveats, I have heard counsel for both the parties in appeal. Caveats stand disposed of.

(2.) The facts of the case are that the respondent/plaintiff at the request of the then Bank of Punjab Ltd. issued advertisements in its magazine/newsletter. The charges for advertisements of Rs. 65,000/- per month were regularly paid by the Bank of Punjab Ltd. from January, 2004 onwards till March, 2006. The last payment of Rs. 1,95,000/- was made by M/s. Centurian Bank of Punjab Ltd. on 31.3.2006. The advertisement charges having not been paid for the months from July, 2006 to December, 2007, the subject suit came to be filed after the legal notice dated 21.10.2008 failed to yield any appropriate response.

(3.) The appellant no.1/defendant no.1 contested the suit on the ground that there were no written instructions of or written agreement with the Bank of Punjab Ltd. or Centurian Bank of Punjab Ltd. for the respondent/plaintiff to publish the advertisements in its magazine/newsletter. It was further pleaded in the alternative that when the payment of Rs. 1,95,000/- was released by the Centurian Bank of Punjab on 31.3.2006, clear instructions were given not to publish further advertisements. In the replication, the respondent/plaintiff stated that the advertisements were always published as per the instructions, and in fact this becomes clear from the fact that logo of the bank in the magazine/newsletter was also changed by the respondent/plaintiff/M/s. Gymkhana Club Ltd. from time to time