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2016 (8) TMI 1596 - HC - Indian LawsSeeking leave to file further affidavit in lieu of examination-in-chief and further compilation of documents - Jurisdiction to try suit - HELD THAT - The counsel for the plaintiff states that the plaintiff's affidavit of documents, affidavit in lieu of examination-in-chief together with compilation of documents have already been filed. The counsel seeks leave to file further affidavit in lieu of examination-in-chief and further compilation of documents, if advised, in view of additional issues settled today. Leave granted. The affidavit and compilation of documents to be filed and copy to be served within two weeks from today. The suit to be listed on 23rd September, 2016 for marking of documents on which date the plaintiff's first witness shall remain present in Court.
Issues:
1. Jurisdiction of the court 2. Cause of action against defendant No. 2 3. Booking of advertisement with plaintiff 4. Issuance of cheques by defendant No. 1 5. Misuse of cheques by defendant No. 2 6. Allegation of collusive suit 7. Invoices raised by the plaintiff 8. Liability of defendants to pay the sum 9. Decree and order Jurisdiction of the Court: The first issue revolves around determining whether the court has the jurisdiction to receive, try, and dispose of the suit. This question is crucial in establishing the legal authority of the court to adjudicate on the matter at hand. Cause of Action Against Defendant No. 2: The second issue focuses on whether defendant No. 2 can establish that the plaintiff lacks a cause of action against them, as defendant No. 2 was acting as the agent of defendant No. 1, a disclosed principal. This inquiry delves into the relationship between the parties and the legal implications of agency in the context of the case. Booking of Advertisement with Plaintiff: The third issue pertains to whether the plaintiff can prove that defendant No. 1, through defendant No. 2, booked an advertisement with the plaintiff for telecasting on a specific TV channel. This issue involves examining the contractual obligations and transactions between the parties regarding the advertisement. Issuance of Cheques by Defendant No. 1: Issue number four focuses on whether the plaintiff can establish that defendant No. 1 issued cheques in favor of the plaintiff for booking requisition of broadcasting advertisement on a TV channel. This matter involves the validation of financial transactions and obligations between the parties. Misuse of Cheques by Defendant No. 2: The fifth issue addresses whether defendant No. 1 can prove that defendant No. 2 misused the cheques, without authority or knowledge, in collaboration with the plaintiff. This issue delves into potential fraudulent activities and unauthorized actions related to the financial dealings between the parties. Allegation of Collusive Suit: Issue number six questions whether defendant No. 1 can establish that the suit filed is collusive, implying a fraudulent or deceitful collaboration between the plaintiff and defendant No. 2. This issue concerns the integrity and legitimacy of the legal proceedings initiated by the parties. Invoices Raised by the Plaintiff: The seventh issue involves determining whether the plaintiff can prove that they raised invoices against defendant No. 1, as alleged in the plaint. This issue is crucial in validating the financial claims and contractual obligations asserted by the plaintiff. Liability of Defendants to Pay the Sum: Issue number eight focuses on establishing whether the defendants are jointly and severally liable to pay the plaintiff a specific sum, along with additional interest. This issue concerns the financial liability of the defendants and the legal consequences of non-payment. Decree and Order: The final issue pertains to determining the appropriate decree and order to be issued by the court based on the findings and conclusions reached regarding the preceding issues. This issue encapsulates the final legal disposition and remedies to be granted in the case. This comprehensive analysis of the judgment highlights the intricate legal issues and complexities involved in the case, ranging from jurisdictional matters to financial liabilities and contractual obligations between the parties.
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