SALVIA INTERNATIONAL Vs. AIMIL PHARMACEUTICALS (INDIA) LTD.

JUDGEMENT

(1.) The plaintiff seeks recovery of Rs. 48,54,472.87 in this Summary Suit, under Order -37, Code of Civil Procedure.

(2.) The plaintiff is a registered partnership firm, engaging itself in the business of advertising on behalf of its clients. The defendant, a limited company, had entered into a commercial transaction, under which, according to the plaintiff, various release orders were issued on 12.02.2005, 2.3.2005 and 7.6.2005, for advertisement and publicity of its products with a programme "Bhakti Aradhana" in the Doordarshan National Network. The plaintiff contends having ensured that the publicity and advertisement in the concerned channel was broadcast.

(3.) The plaintiff refers to 18 invoices issued from time to time on the defendant which are particularized in Paragraph -5 of the Suit, aggregating to Rs. 58,23,859/ -. It is contended that the defendant issued 57 cheques, 41 of which were for Rs. 50,000/ - (Rs. Fifty thousand) and the other 16, for Rs. 1,00,000/ - (Rs. One lakh) each aggregating to Rs. 36,50,000/ - (Rs. Thirty six lakhs fifty thousand). It is claimed that some of the cheques could be encashed and that in addition, the defendant had paid a sum of Rs. 50,000/ - (Rs. Fifty thousand) by pay order dated 3.3.3006. The rest of the cheques, according to the plaintiff, were dishonoured upon presentation. The amount received by the plaintiff mentioned in paragraph -11 of the Suit, works out to Rs. 18,00,000/ - (Rs. Eighteen lakhs) as against the total receivable of Rs. 58,23,859/ -. It is thus contended that the plaintiff is entitled to principal amount of Rs. 39,62,835/ -, as outstanding dues. The plaintiff claims to have sent a legal notice dated 22.2.2008 to the defendant through registered post AD.