1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.875 OF 2009 Conde Nast (India) Pvt.Ltd. . .. Plaintiff Vs. Priya & Chintan Fashions Pvt.Ltd. .. Defendant Mr.Anoshak Daver with Mr.Rizvi Naser Ali i/by M/s.Thakore Jariwala & Associates for the Plaiintiff. None for the Defendant. CORAM : S.C.DHARMADHIKARI J. DATE : 11TH DECEMBER, 2009 P.C. : 1. Plainifff is a Company incorporated under the provisions of the Companies Act, 1956 carrying on business as publisher of magazine Vogue India . Defendant is also a Company incorporated under the “ ” provisions of the Companies Act, 1956 carrying on business as designer and seller of luxury clothing. The Defendant had approached plaintiff requesting to publish advertisements pertaining to various products under the brand Priya & Chintan in the Plaintiff s magazine. ‘ ’ ’ 2. Pursuant to negotiations terms were finalised as crystalized in the release orders. The terms and conditions of the release orders include payment on raising of invoices. The plaintiff stated that acting in furtherance of release orders they published advertisements and thereafter duly dispatched their invoices. The amounts under the invoices set out the services rendered and the charges therefor. 3. Plaintiff has made categorical averment that the advertisements were 2 duly published and even the invoices were dispatched and received, but no payments have been made by the Defendant. There are no disputes raised by the Defendant either. The plaintiff waited for sometime and thereafter issued demand notice and subsequently through their Advocate called upon the Defendant to make payment of the sum under the invoices. 4. After institution of the suit, writ of summons has been duly served. The Defendant, after receipt of writ of summons have failed to appear. Nor have they filed any vakalatnama of any Advocate in the period specified by law. The affidavit of service is taken on record and marked X for ‘ ’ identification. Original documents as compiled are taken on record and marked as X-1 collectively for identification. Original advertisements ‘ ’ together with the invoices are placed together with the plaintiff s copies ’ of invoices. 5. In the light of the provisions of law the claim of the plaintiffs is within limitation and this Court has jurisdiction to entertain & try the suit, and since there is no appearance filed by the Defendant despite service of writ of summons, there shall be decree as prayed for. 6. Advocates costs be computed as per the rules. 7. Refund of Court fees shall be admissible if permissible under the rules. (S.C.DHARMADHIKARI, J.)