CYBER MEDIA INDIA LIMITED Vs. COM ASIA LIMITED

JUDGEMENT

(1.) This order shall govern the disposal of an Application (IA 3664/97), filed by the plaintiff undersection 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the CPC'), praying for the withdrawal of an amount of Rs. 5,11,700.00 , deposited by defendant No. 1 in pursuance of order dated the 18th March, 1997.

(2.) The facts, relevant for the disposal of the above mentioned application, lie in a narrow compass. The plaintiff Company has filed the present suit ( Suit No. 1479/96) for the recovery of Rs. 12,09,013.00 against the defendants, named above, being the amount due and payable to the plaintiff Company by the defendants jointly and severally as charges for the publication of the advertisement of defendant No. 1 in its (plaintiff's) magazines, published by the plaintiff on Computers and Information Technology.

(3.) The claim of the plaintiff, in the present suit, has been resisted by defendants 2 and 3 who have filed a joint written statement/counter claim. In the written statement/counterclaim filed jointly, on behalf of defendants 2 and 3, it is inter-alia contented that there is no privity of contract between the plaintiff and the defendant No. 1 and that defendants 2 and 3 were exclusively dealing with defendant No. 1 and that the above said defendants had released the advertisements in question to the plaintiff on behalf of defendant No. 1. It is further stated in the written statement/counter claim filed on behalf of the above said defendants that the plaintiff and defendant No. 1 hatched a conspiracy to oust defendants 2 and 3 as a result of which defendants 2 and 3 suffered heavy losses. It is contended that nothing is due and payable by defendants 2 and 3 to the plaintiff. The above said defendants have preferred a counter claim of Rs. seven lakhs against the plaintiff on account of damages with pendente lite and future interest @ 24 % per annum.