[Cites 2, Cited by 0]
Madras High Court
M/S.Sun Tv Network Ltd vs Landmark 360 Media Pvt. Ltd on 19 January, 2026
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
CS No. 370 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-01-2026
CORAM
THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY
CS No. 370 of 2020
M/s.Sun TV Network Ltd.
Rep. by its Auth. Sign. M.Jothibasu, Murasoli
Maran Towers, No.73, MRC Nagar, Ch-28.
..Plaintiff(s)
Vs
Landmark 360 Media Pvt. Ltd.
Rep. by its Directors,
Suite No.566, Kaveri Complex, 5th Floor,
No.96/104, Nungambakkam High Road, Ch-34.
..Defendant(s)
PRAYER: Plaint is filed under Order IV Rule 1 of Original Side Rules Read
With Section 2(1)(c)(i) Read With 1 st Proviso of Section 7 of Commercial
Courts, Commercial Division and Commercial Appellate Division of High
Courts Act, 2015 (Act 4 of 2016 and Order VII Rule 1 of CPC, praying to grant
a judgment and decree on the following terms:-
A. Directing the Defendant to pay a sum of Rs.1,19,64,458/- (Rupees One
Crore Nineteen Lakhs Sixty Four Thousand Four Hundred and Fifty Eight
Only)
B. Direct the defendant to pay interest on the said sum of
Rs.1,19,64,458/- from 15/05/2019 till the date of realisation.
C. Cost of the suit.
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CS No. 370 of 2020
For Plaintiff(s): Ms.Anjanaa Aravinda
for M/s.R.Palaniandavan
For Defendant(s): Defendant Set Ex parte On 13.10.2023
JUDGMENT
The suit was filed for recovery of a sum of Rs.1,19,64,458/- (Rupees One
Crore Nineteen Lakhs Sixty Four Thousand Four Hundred and Fifty Eight only)
with interest thereon from 15.05.2019 till the date of realization.
2. By order dated 13.10.2023, it was recorded that the defendant had not
entered appearance in spite of service of suit summons and was set ex parte on
that account. Even thereafter, the defendant did not apply to set aside the said
order.
3. The plaintiff adduced ex parte evidence by examining M.Jyothibasu,
Authorized Signatory, as P.W.1. In course of the examination in chief of
P.W.1, 6 documents were exhibited as Exs.P1 to P6.
4. Learned counsel for the plaintiff invited my attention to Exs.P2 to P4 to
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point out that the defendant admitted its liability to the extent of
Rs.1,89,67,963/- (Rupees One Crore Eighty Nine Lakhs Sixty Seven Thousand
Nine Hundred and Sixty Three only) as on 31.12.2016. After giving credit to
payments made subsequently, learned counsel points out that the defendant
admitted liability to the extent of Rs.1,19,64,458.59/- (Rupees One Crore
Nineteen Lakhs Sixty Four Thousand Four Hundred and Fifty Eight and Fifty
Nine paise only) for bills raised up to 30.04.2019. After pointing out that this
sum has been claimed in the suit, learned counsel also submits that the
transaction being commercial in nature, the plaintiff is entitled to interest at
commercial rates.
5. The plaintiff has adduced evidence of the defendant’s liability,
including by way of the admissions in Exs.P2 to P4. The suit was instituted
after issuing lawyer’s notice dated 10.10.2019 (Ex.P5).
6. On the basis of the evidence adduced by the plaintiff and taking note of
the absence of any contra evidence, the plaintiff has established the principal
suit claim. As regards interest, there is no contractual rate of interest.
Considering that the transaction is commercial in nature and taking note of the
prevailing rate of interest and inflation, the defendant shall pay interest at the
rate of 12% per annum from 15.05.2019. Since costs follow the event, as the
successful party, the plaintiff is entitled to costs. The plaintiff has paid about
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Rs.1,23,525/- (Rupees One Lakh Twenty Three Thousand Five Hundred and
Twenty Five only) as court fee. Apart from court fees, the plaintiff is also
entitled to reasonable lawyers fees and other expenses. In the aggregate, the
defendant shall pay a sum of Rs.4,00,000/- (Rupees Four Lakhs only) as costs to
the plaintiff.
7. In the result, the suit is decreed by directing the defendant to pay the
plaintiff a sum of Rs.1,19,64,458/- (Rupees One Crore Nineteen Lakhs Sixty
Four Thousand Four Hundred and Fifty Eight only) with interest thereon at 12%
per annum from 15.05.2019 till the date of realization. In addition, the
defendant shall pay a sum of Rs.4,00,000/- (Rupees Four Lakhs only), in the
aggregate as costs to the plaintiff towards court fees, lawyer’s fees and other
expenses.
19-01-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
RNA
Plaintiff Side Witness:
P.W.1 – M.Jyothibasu
Plaintiff Side Documents:
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Ex.P1 – Original Board Resolution dated 29.05.2015.
Ex.P2 – Photocopy of confirmation of outstanding dues by the defendant dated
10.01.2017.
Ex.P3 – Original Confirmation of outstanding dues by the defendant dated
24.01.2019.
Ex.P4 – Photocopy of confirmation of outstanding dues by the defendant dated
15.05.2019.
Ex.P5 – Office copy of legal notice dated 10.10.2019.
Ex.P6 – Original receipt (6 Nos.), Acknowledgment cards (5 Nos.) and
Returned Cover (1 No.) of the RPAD Post sent to the defendant and its
clients.
Defendant side witness and documents:
-NIL-
19.01.2026
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SENTHILKUMAR RAMAMOORTHY, J.
RNA
19-01-2026
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