ADVERT COMMUNICATIONS PVT LTD Vs. JSL MEDIA LTD

JUDGEMENT

(1.) While issuing notice in the appeal it was recorded in the order dated August 16, 2016 that the appellant's plea of suit being barred by limitation raised in paragraph 16 of the application seeking leave to defend has not been considered by the learned Single Judge while declining appellant leave to defend the suit filed by the respondent.

(2.) The respondent filed a suit invoking Order XXXVII of the Code of Civil Procedure, 1908. It was the case of the respondent that it had various Bus Queue Shelters (BQS). The appellant approached the defendant to permit it to display advertisements of its clients. Various e-mails were exchanged and it was agreed that sites would be made available at agreed rates on purchase orders placed by the appellant. The appellant deposited by way of security Rs. 1 crore. Thereafter on various dates purchase orders were issued and sites were made available to the appellant. Bills were raised from time to time. A sum of Rs. 1,37,43,911/- became due and payable. Respondent raised a demand on December 19, 2013 upon the appellant. No payment being received another communication dated December 27, 2000 was sent informing the appellant that security deposit in sum of Rs. 1 crore was adjusted and thus Rs. 37,43,911/- be paid.

(3.) The suit seeks decree in sum of Rs. 37,43,911/- together with interest.