NAVHIND PAPERS AND PUBLICATION LTD Vs. AKSHAR ENTERPRISES, FEIRA ALTO, NEAR MAPUSA CLINIC
LAWS(BOM)-2017-2-309
HIGH COURT OF BOMBAY
Decided on February 24,2017

Navhind Papers And Publication Ltd Appellant
VERSUS
Akshar Enterprises, Feira Alto, Near Mapusa Clinic Respondents

JUDGEMENT

F.M. Reis, J. - (1.) Heard Mr. D. Pangam, learned Counsel appearing for the Appellant and Mr. J. P. Mulgaonkar, learned Counsel appearing for the Respondents.
(2.) Admit, on the following substantial question of law : (1) Whether the Judgment dated 30.06.2016 passed by the Lower Appellate Court dismissing the Appeal preferred by the Appellants stands vitiated for failure to examine all the submissions advanced by the Appellants in their written arguments and failure to give an opportunity to the parties to advance oral submissions ?
(3.) Mr. Pangam, learned Counsel appearing for the Appellants pointed out that the Appellants are publishers of a Newspaper and that Respondents are the advertising agents. It is further submitted that during the course of their business relationship, the Respondent used to release advertisements to be published in the newspaper of the Appellants. It is further pointed out that these services were going on for a long period of time and as the amounts due from the Respondents were amounting to Rs.4,89,273/- in the running account maintained by the Appellants, the Appellants called upon the Respondents to pay such amount. It is further pointed out that the Respondents sought time to pay such amount by instalments which were permitted by the Appellants and ultimately as there was default in the payment of such amount, the Appellants initiated the present proceedings. Learned Counsel further pointed out that the learned Trial Judge dismissed the Suit filed by the Appellants on the ground that the advertisements which were published were not placed on record and, as such, the Appellants failed to establish their claim. Learned Counsel further submits that these findings of the learned Judge are erroneous and, according to him, in the written statements filed by the Respondents there is no challenge that such advertisements were duly released and published in the newspaper. Learned Counsel further pointed out that an Appeal was filed by the Appellants before the Lower Appellate Court which came to be dismissed by Judgment and Order dated 30.06.2016. Learned Counsel further pointed out that without hearing the final arguments, the learned Judge proceeded to direct the parties to file written submissions and disposed of the Appeal by the impugned Judgment. Learned Counsel further pointed out that all the contentions raised by the Appellants have not been noted or considered by the learned Judge whilst passing the impugned Judgment. Learned Counsel further submits that there are no reasons in the impugned Judgment as to why the contentions raised by the Appellants are not accepted.;


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