1 sj246-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.246 OF 2010 IN SUMMARY SUIT NO.1322 OF 2010 Sanjeev M. Gupta ....Plaintiff V/s. M/s.Whispering Shadows Entertainment & Anr. ....Defendants Mr.G.B. Kedia for the Plaintiff. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 6TH SEPTEMBER, 2011. P.C. :- 1. The plaintiff issued the confirmation letters to the first defendant forwarding the details of its advertising sites. The same contained the terms and conditions on which the plaintiff would place the advertisements. Defendant No.1 endorsed its acceptance at the foot of the confirmation letters. In respect of the first confirmation letter, a work completion report was prepared and forwarded to the first defendant. 2. The plaintiff thereafter raised its invoices of an aggregate sum of Rs.15,81,178/-. Part payments have been made by defendant No.1. Defendant No.1 however, failed and neglected to make payment 2 sj246-10 of the balance amount. 3. It appears that there is a transaction between defendant Nos.1 and 2. Defendant No.1 is the producer of the film. Obviously pursuant thereto, defendant No.2 issued a cheque on behalf of defendant No.1 in the sum of Rs.10,50,000/- dated 2.1.2010. The cheque was dishonoured on presentation. The suit as against defendant No.2 is based on the dishonoured cheque. 4. The defendants having failed and neglected to make payment despite demand, the present suit was filed. Defendant No.1 contends that it is defendant No.2, who is liable to make payment under the arrangement entered into between the defendants inter-se. The plaintiff is not concerned with any agreement between the defendants inter-se. The work was carried out by the plaintiff at the request of defendant No.1. Defendant No.2 was not the contracting party. The second defendant’s liabilities arise in this case only on account of the dishonoured of cheque. 5. A compilation of documents are tendered in Court, taken on record and marked Exhibit “A” collectively. 6. In the circumstances, the summons for judgment is made 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.