1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1008 OF 2003 DSJ Communications Ltd. ....Plaintiff. V/s Popular Entertainment Network Ltd. ... Defendant. --- Mr. Vilas Singh i/b M/s Lambay & Co., for the Plaintiff. Mr. None for the Defendant. ---- CORAM: V.M. KANADE, J. DATE : 10 th FEBRUARY, 2010 . P.C.: 1. Heard the learned counsel appearing on behalf of the Plaintiff. None appears on behalf of Defendant though they are served. The Plaintiff has filed the affidavit of service and affidavit of examination-in-chief of the Senior Executive of the Plaintiff. He has also filed the list of original documents. 2. The suit was transfered under caption ‘undefended suit’. The averments made in the plaint are uncontroverted and in view of the provision of Order VIII and Rule-10 the Plaintiff is entitled for judgment and decree. 2 3. The suit is filed on 31.12.2002. Defendant did not perform their part of the promise as per MOU dated 20.12.1999. The suit is filed within three years from the date of cause of action. Thus is is filed in time. In view of the affidavit in lieu of evidence and original documents filed by the Plaintiff, the Plaintiff has proved their case. The Plaintiff is therefore entitled for judgment and decree. 4. The suit is accordingly decreed in terms of prayer clause (a). Plaintiff is also entitled for refund of Court fees in accordance with rules. 5. The suit is disposed of accordingly. (V.M. KANADE, J.)