LAWS(MAD)-2020-9-959

ENKAY VISIONS (P) LTD. Vs. DOORDARSHAN AND ORS.

Decided On September 25, 2020
Enkay Visions (P) Ltd. Appellant
V/S
Doordarshan And Ors. Respondents

JUDGEMENT

(1.) This appeal is filed by the plaintiff in C.S. No. 17 of 2006 against the order dated 28.08.2017 passed by the learned Single Judge in Application No.601 o,f 2017 in C.S. No. 17 of 2006, filed under Order XIV Rule 8 of the Original Side Rules of this Court, read with Order VI Rule 17 of the Civil Procedure Code (CPC), since the appellant is aggrieved by the order dated 28.08.2017 only insofar as it restricts the date from which the plaintiff will be entitled to payment of interest. For ready reference, the relevant portion of the order dated 28.08.2017 passed by the learned Single Judge is re-produced hereunder.

(2.) The appellant herein, as Plaintiff, has filed the aforesaid suit in C.S. No. 17 of 2006 before this Court. The suit was instituted for the relief of recovery of money from the respondents/defendants towards the production cost of tele-serial and for damages. For the purpose of adjudication of this appeal, the plaint averments are not necessary. What is required to be looked into is the prayer sought for in the plaint, which is extracted hereunder:-

(3.) The aforesaid suit was filed on 07.09.2005, but numbered only in the year 2006. The summons in the suit were served on the respondents/ defendants on 10.02.2006. Since the defendants in the suit did not contest the suit, an ex-parte decree was passed on 12.02.2008. Armed with the ex- parte decree passed in the suit, the appellant/plaintiff demanded the decretal amount from the respondents/defendants on 08.11.2010, but there was no response. Therefore, the plaintiff filed Execution Petition No. 478 of 2015 for executing the decree before this Court, which was subsequently transmitted to the jurisdictional Court at Delhi.