Abp Private Limited vs Manish Duggar
2023 Latest Caselaw 1 Cal/2

                                       1


OD-8

                                CS/129/2021

                     IN THE HIGH COURT AT CALCUTTA

                  ORDINARY ORIGINAL CIVIL JURISDICTION

                               ORIGINAL SIDE



                            ABP PRIVATE LIMITED

                                      Vs.

                              MANISH DUGGAR



BEFORE :

The Hon'ble JUSTICE KRISHNA RAO

Order On: 02.01.2023

                                                                   Appearance:

                                                   Mr. Soumabho Ghose, Adv.
                                                     Mr. Soumitra Datta, Adv.
                                                Ms. Tiana Bhattacharyya, Adv.
                                                 Ms. Arti Bhattacharyya, Adv.
                                                            ... for the plaintiff




                                   ORDER

The instant suit is listed as to be mentioned as per prayer made by the

Counsel for the plaintiff. Learned Counsel for the plaintiff submits that the

judgment passed by this Court dt. 10.11.2022 in CS No. 129 of 2021 requires

corrections at page nos. 4 and 5 of the judgment.

Learned Counsel for the plaintiff submits that in page 4 and page 5 of

the Judgment, this Court has given the details of Exhibits but the details of the

exhibits is required to be corrected and details of Exhibit "11" is not recorded

in the Judgment.

Considered the prayer made by the Counsel for the plaintiff and the

judgment dated 10.11.2022 passed in CS 129 of 2021 and the Exhibits. This

Court finds that in page 4 and page 5 of the judgment, the details of the

Exhibit Nos. 1 to 10 are required to be corrected and details of Exhibit "11" is

required to be added.

In page 4 and page 5 of the Judgment dt. 10.11.2022, the details of the

Exhibits 1 to 10 are corrected as follows :

"Exhibit - '1' Collectively : Release orders along with the majority of

the covering emails sent by the defendant to the plaintiff for publication of

advertisement.

Exhibit - '2' Collectively : Schedule of release orders which the plaintiff

has published in their respective papers i.e. 'Anandabazar Patrika' and 'The

Telegraph'.

Exhibit - '3' Collectively : Ledger of the defendant which are

maintained in the book of accounts of the plaintiff's SAP (Systems, Applications

and Products in Data Processing).

Exhibit - '4' Collectively : Copies of e-mails which have the invoices

raised by the plaintiff to the defendant.

Exhibit - '5' Collectively : Copies of the invoices issued by the plaintiff

to the defendant along with majority of the advertisements published.

Exhibit - '6' Collectively : Schedule of invoices raised by the plaintiff

against the defendant for publishing their advertisement in the magazine and

the newspaper.

Exhibit - '7' Collectively : Letter dt. 01.07.2019 issued by the plaintiff

to the defendant to clear the overdue outstanding which was prepared by the

witness and signed by Mr. Pankaj Paharia who was the Reporting Manager.

Another letter dt. 07.08.2019 being the reminder issued by the plaintiff to the

defendant to clear the overdue amount of Rs. 2,17,27,224/-.

Exhibit - '8' Collectively : On 12.08.2019, the plaintiff sent an email to

the defendant to clear the overdue amount of Rs. 2,17,27,224/- and on the

same date, the defendant Company had replied to the said email by confirming

the said amount and assured that the defendant will clear the overdue amount

and prayed for same time. Email dated 17.09.2019 issued by the defendant to

the plaintiff, email dated 24.09.2019 issued by the plaintiff to the defendant,

email dated 24.09.2019 issued by the defendant to the plaintiff, email dated

25.09.2019 issued by the plaintiff to the defendant, email dated 27.09.2019

issued by the defendant to the plaintiff.

Exhibit - '9' Collectively : Copies of the e-mails dated 12.11.2020,

13.11.2020, 14.12.2020, 15.12.2020, 16.12.2020, 17.12.2020, 08.01.2021,

12.01.2021 and 20.01.2021 exchanged between the defendant and the plaintiff

calling upon the defendant for payment of the overdue amount.

Exhibit - '10' Collectively : Legal notices dated 10.01.2020 and

21.10.2020 issued by the plaintiff to the defendant along with the postal

receipts dt. 21.10.2020.

The Exhibit "11" is added as follows :

Exhibit - '11' Collectively : Prayers of the Plaint and the signature of

the authorized representative of the plaintiff verifying the plaint."

The above correction be incorporated in the Judgment dated 10.11.2022

by deleting the details of exhibits mentioned at page nos. 4 and 5 of the

Judgment dt. 10.11.2022.

This order be treated as part of Judgment dt. 10.11.2022.

(KRISHNA RAO, J.)

p.d/