1 sj247-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.247 OF 2010 IN SUMMARY SUIT NO.783 OF 2010 Madan Mohan Gupta ....Plaintiff V/s. M/s.Serve & Volly Media Pvt. Ltd. ....Defendant Mr.G.B. Kedia for the Plaintiff. Ms.Merlyn Monteiro for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 6TH SEPTEMBER, 2011. P.C. :- 1. The plaintiff seeks to recover the costs in respect of the advertisement work done by him at the defendant’s request on the terms and conditions contained in a letter dated 30.3.2007, titled as “Purchase Order” and addressed by the defendant to the plaintiff. The purchaser order stipulated all the terms and conditions including the price. 2. Upon completion of the work, the plaintiff raised eight invoices. The payment was made in respect of four invoices. As the defendant failed and neglected to make the payment of the balance four invoices, the plaintiff by its various letters demanded payment in 2 sj247-10 respect thereof. Upon receipt of the demand notice, the defendant made payment of one invoice only. Hence the present suit is filed for the balance payment. The T.D.S. certificate was issued in respect of all the invoices. 3. It is contended on behalf of the defendant that the plaintiff had not complied with item nos.2 and 3 of the terms and conditions of the purchase order. Under item 2, the plaintiff was to send two photographs of the hoarding and under item 3, the plaintiff was to send the defendant a night photograph for illuminated hoardings. It is contended that in view of these defaults, the balance amount is not payable. 4. The defence is a mere after-thought. There was no protest raised by the defendant to this effect or to any other effect upon receipt of the invoices. There was no reply to any of the notices demanding payment. This defence is taken after three years. 5. It is then contended that the payments made thus far were agreed by the plaintiff to be in full and final settlement of the claims. There is nothing on record that even remotely suggests any such agreement on the plaintiff’s part. 6. A compilation of the documents is tendered in Court. The same is taken on record and marked Exhibit “A” collectively. 7. Thus there is no defence to the suit. 8. In the circumstances, the summons for judgment is made 3 sj247-10 absolute and the suit is decreed as prayed. However, interest after the date of the suit shall be at the rate of 12% p.a. Costs to be quantified as per rules. Refund, if any, as per rules.