IN THE COURT OF THE 13 ADDL.

CITY CIVIL JUDGE (COMMERCIAL

COURT), AT VIJAYAWADA

Comm. C. S. No.  __________ of 2023

BETWEEN

1. Yashraj Broadcasting Ltd

A registered partnership firm under the provisions of the Indian
Partnership Act of 1932, having its registered office at; 
Flat No. 12-104/1-1,
Satyanarayana Puram,
Vijayawada,
Represented herein by its Partner Mr Jerry Johar. ……….
PLAINTIFF

AND

1. MRS. Tom Nigam

S/o Late Kalyana Murthi,
Aged about 38 years and residing at;
Flat No. 1-10/1-1,
Satyanarayana Puram,
Vijayawada,

MEMORANDUM OF PLAINT UNDER ORDER VII RULE 1 R/W SECTION 26 OF

THE CODE OF CIVIL PROCEDURE, 1908

I. The address of the Plaintiffs for the purpose of service of summons,

notices etc. from this Hon’ble Court is as stated in the cause title.
The Plaintiffs may also be served through his counsel -Advocate
Rama Krishana.

II. The address of the Defendants for the above stated purposes is as
stated in the cause title. 

I. The Plaintiffs above named most respectfully submits as under

1. The Plaintiff was responsible for preparing all the materials of
advertising and publicity and publishing films including artwork,
photography, drawing, engraving, advertising writing, preparation of
video films for T.V. advertisements and video magazines in the
name of Yashraj Broadcasting Ltd

2. The Defendant is singer, lyrics and music composer how is

proposed to launch a music album called “yariyaan”. The defendant
for the For the purpose of arranging campaigns for advertising and
publicity approach plaintiff for same. After the discissions and
negotiation between the parties. They both agreed to execute the
service agreement.

3. On the date of 24.03.2022 A formal work order dated was sent to

Plaintiff. The extracts of the order are as follows.

a. “Based on the conversation between Mr Jerry Johar (representative

of M/s Yashraj Broadcasting Ltd.) and Mr Tom Nigam, your agency
M/s Yashraj Broadcasting Ltd. has been chosen to carry out the
promotion,
advertisement and publicity campaign of ‘Yariyaan’ for television
advertisements, banners, posters, sound and light shows and radio
advertisements. As agreed by you, 4% commission will be charged by
us
on the above-integrated services.

b. Further, your agency is also authorised to act on our behalf in

negotiating and closing the Agreement for celebrity endorsement for the
‘Yariyaan’ advertising campaign in consultation with Mr Tom Nigam.

c. This order is subject to review by Mr Tom Nigam based on your

performance which will be assessed on a regular basis. Further, Mr
Tom
Nigam also reserves the right to assign work to other agencies, if he
deems you unfit for the advertisement campaign.”

4. The total cost indicated therein for television advertisements, banners,

posters, sound and light shows and radio advertisements summed up
to Rs 1,00,00,000(Rupees One Crore only) plus service tax (if
applicable on the date of billing). Hence, a communication dated
30.03.2022 was sent to Plaintiff to commence with the advertisement
and publicity campaign

5. On 01.04.2022, the campaign for advertisement and publicity

commenced. Subsequently, Plaintiff submitted invoices for the
 outdoor campaigning (comprising expenses incurred on posters,
banners and events) worth Rs.60,00,000 (Rupees Sixty Lakhs only).
So far, an amount of Rs. 20,00,000(Rupees Twenty Lakhs only) out of
Rs. 60,00,000 has been paid to Plaintiff by Defendant. However, a
payment of Rs. 40,00,000 (Rupees Forty Lakhs only) remains
outstanding and is disputed by Defendant.

6. For supporting its claim of Rs. 40,00,000, Plaintiff has provided the
following details as proof of expenses:

a. Pictures of events.
b. Few bills by local businessmen, prepared on a plain sheet of paper.
c. The daily income and expenditure statements of Plaintiff (Assume
that
Defendant’s contract was the only one they were engaged in at that
time).

7. Objections were made by Defendant and the invoices were not cleared
even after Plaintiff had provided them with the above proofs. Hence,
no amount further than 20,00,000 Rupees was cleared by Defendant.

8. The Plaintiffs have not filed any other suit or proceedings in relation to
the same or similar cause of action. It is submitted that if the above
relief sought for is not granted, grave and irreparable loss and
hardship not recoverable in monies worth or otherwise will be caused
to the Plaintiffs.

9. The cause of action for this suit arose on __. ___.2023 when the
defendant disputes for remaining outstanding 40,00,000. Even after
the plaintiff submitted valid invoice as proof. The defendant with
wrong and mala fide intention disputed on, that invoices are not clear.
It clearly shows the intention of defendant to cheat the plaintiff by not
paying money witch he is legally bound to pay.

10. The value of the suit for the purpose of court fees and jurisdiction is
as stated in the separate valuation slip and accordingly a sum of Rs.
___________/- (Rupees ____________________ Only) has been paid vide a
demand draft in favour of Registrar, City Civil Court (COMMERCIAL
COURT) in terms of the _______________ Court Fees and Suits
Valuation Act
WHEREFORE, it is prayed that this Hon'ble Court maybe pleased to
pass by a judgment and decree as follows:

a) Direct the defendant to pay the default amount of 40,000\- with

interest @--% form the of agreement to till the date of judgment.

b) ------------\-amount for loss of profit to plaintiff

c) An injunction to stop decedent not to flee to other country and stop

using advertisement which was made by plaintiff

d) PASS such other order or directions as this Hon'ble Court deems fit
in the interest of Justice and Equity.

e) AWARD costs as this Hon'ble Court deems fit in the interest of

Justice and Equity.

VERIFICATION

I, the authorized representatives of the Plaintiffs in the above suit, do

hereby state and affirm that the averments in paragraphs I to IV are
true and correct to be best of knowledge, information, and belief.

Place: Vijayawada
Dated: .___.2023 Plaintiffs

1.
 EXERCISE-2

IN THE COURT OF THE ________ ADDL. CITY CIVIL JUDGE

(COMMERCIAL COURT), AT _________________________
Comm. C.S.No._____ of 2020

BETWEEN:
MRS. Tom Nigam
S/o Late Kalyana Murthi,
Aged about 38 years and residing at;
Flat No. 1-10/1-1,
Satyanarayana Puram,
Vijayawada, …………… Defendant

AND
:
Yashraj Broadcasting Ltd
A registered partnership firm under the provisions of the Indian
Partnership Act of 1932, having its registered office at; 
Flat No. 12-104/1-1,
Satyanarayana Puram,
Vijayawada,
Represented herein by its Partner Mr Jerry Johar. ……………Plaintiff

MEMORANDUM OF WRITTEN STATEMENT OF THE DEFENDANT UNDER

ORDER VIII RULE 1 OF CODE OF CIVIL PROCEDURE
I. The suit filed by the Plaintiff is clearly barred by limitation and not
maintainable in law. The averments in the plaint accentuate the fact that
suit is not filed within time and from the Plaintiff’s own admission it is
clear that suit is barred by the law of limitation. The above suit is liable
to be dismissed on this ground alone.

2).It is submitted that this Hon’ble Court has no jurisdiction over the
subject matter of the dispute.  No part of the cause of action arose within
the scope of the Courts at Vijayawada and hence the suit is liable to be
dismissed.  
 3)The averments in the plaint are vague in nature and there is no cause
of action made out by the Plaintiff in the above suit, hence the Plaint is
liable to be rejected in-limine. 

4)The Defendant has paid all its outstanding dues to the Plaintiff and
there is no sum due and payable by the Defendant to the Plaintiff.
Plaintiff has filed a false and frivolous suit for recovery of money against
the defendant only with an intention to harass the Defendant. 

5) The Plaintiff has not approached this Hon’ble with clean hands and is
not entitled to any relief from this Hon’ble Court, as the Plaintiff has
suppressed the material fact that they have received payment from the
Defendant. 

The facts of the case are as follows:

1. The Plaintiff was responsible for preparing all the materials of

advertising and publicity and publishing films including artwork,
photography, drawing, engraving, advertising writing, preparation of
video films for T.V. advertisements and video magazines in the
name of Yashraj Broadcasting Ltd
2. The Defendant is singer, lyrics and music composer how is
proposed to launch a music album called “yariyaan”. The defendant
for the For the purpose of arranging campaigns for advertising and
publicity approach plaintiff for same. After the discissions and
negotiation between the parties. They both agreed to execute the
service agreement.
3. On the date of 24.03.2022 A formal work order dated was sent to
Plaintiff. The extracts of the order are as follows.
a. “Based on the conversation between Mr Jerry Johar (representative
of M/sYashraj Broadcasting Ltd.) and Mr Tom Nigam, your agency M/s
Yashraj Broadcasting Ltd. has been chosen to carry out the promotion,
advertisement and publicity campaign of ‘Yariyaan’ for television
advertisements, banners, posters, sound and light shows and radio
advertisements. As agreed by you, 4% commission will be charged by
us
on theabove-integrated services.

b. Further, your agency is also authorised to act on our behalf in

negotiatingand closing the Agreement for celebrity endorsement for the
‘Yariyaan’advertising campaign in consultation with Mr Tom Nigam.
 c. This order is subject to review by Mr Tom Nigam based on your
performance which will be assessed on a regular basis. Further, Mr
Tom
Nigam also reserves the right to assign work to other agencies, if he
deems you unfit for the advertisement campaign.”

4. The total cost indicated therein for television advertisements, banners,

posters, sound and light shows and radio advertisements summed up
to Rs. 1,00,00,000(Rupees One Crore only) plus service tax (if
applicable on the date of billing).Hence, a communication dated
30.03.2022 was sent to Plaintiff to commence with the advertisement
and publicity campaign

5. On 01.04.2022, the campaign for advertisement and publicity

commenced. Subsequently, Plaintiff submitted invoices for the
outdoor campaigning comprising expenses incurred on posters,
banners and events) worth Rs.60,00,000 (Rupees Sixty Lakhs only).
So far, an amount of Rs. 20,00,000 (Rupees Twenty Lakhs only) out of
Rs. 60,00,000 has been paid to Plaintiff by Defendant. However, a
payment of Rs. 40,00,000 (Rupees Forty Lakhs only) remains
outstanding and is disputed by Defendant.

6. For supporting its claim of Rs. 40,00,000, Plaintiff has provided the
following details as proof of expenses:
a. Pictures of events.
b. Few bills by local businessmen, prepared on a plain sheet of paper.
c. The daily income and expenditure statements of Plaintiff (Assume
that Defendant’s contract was the only one they were engaged in at
that time).

7. Objections were made by Defendant and the invoices were not cleared
even after Plaintiff had provided them with the above proofs. Hence,
no amount further than 20,00,000 Rupees was cleared by Defendant

I. The Defendant now deals with averments of the plaint para-wise.

Re-para 4
1.1) a communication dated 30.03.2022 was sent to Plaintiff to commence
with the advertisement and publicity campaign. Which was not
followed by plaintiff without the consent of defendant plaintiff started
the Campaign prior to an agreement being executed and prior to being
 provided with deliverable specifications, rules responsibilities,
assignments and mechanisms in place; this led to a lot of expenses
that had to be ultimately paid by defendant;

Re-para 5
1.2) There were irregularities in the work done by Plaintiff form the
starting plaintiff with a male fide intention he places posters and
banners in wrong places which was not visible to anybody. He also
manipulated the count of banners the number of banners on bills are
different from what was made and displayed. As per agreement he has
to print images on banners but instead of that he used words, the
agreement is for promotion of album which was released by
defendant, but plaintiff used the banner for his company promotion
he showed his company name and logo bigger than defendant
promotions which causes huge damages to defendant.

Re-para 6
1.3) The total area of posters and banners cannot be ascertained by the
images shared it was only published letters which was violating the
agreement.

1.4) Posters and banners at different locations have different brackets of

expenditure. The locations of the banners and posters cannot be
ascertained from the photographs cost of expenditure will differ from
city to city and state to state.

Re-para 7
1.5) No verification of the publicity and advertisement was done at the time
of
campaigning. The proofs that was submitted by plaintiff was forged
and amounts were manipulated and showing huge differences from
which was actually spend.
Wherefore, the Defendant above named most respectfully prays that
this Hon’ble Court may be pleased to DISMISS this suit with
exemplary costs in the interest of justice and equity.

ADVOCATE FOR DEFENDANT   DEFENDANT

VERIFICATION

I, ______xyz_________,, _____________ of the Defendant Company, do

hereby state and verify that the averments contained in the above
written statement are true and correct to the best of my knowledge,
information and belief.

PLACE: _____________
DATE: 13-4-2023 DEFENDANT 
IN THE COURT OF THE ________ ADDL. CITY CIVIL JUDGE (COMERCIAL
COURT), AT _________________________
Comm. C.S.No._____ of 2023

BETWEEN:

MRS. Tom Nigam

S/o Late Kalyana Murthi,
Aged about 38 years and residing at;
Flat No. 1-10/1-1,
Satyanarayana Puram,
Vijayawada,
…………Defendant

AND:
Yashraj Broadcasting Ltd
A registered partnership firm under the provisions of the Indian
Partnership Act of 1932, having its registered office at; 
Flat No. 12-104/1-1,
Satyanarayana Puram,
Vijayawada,
Represented herein by its Partner Mr Jerry Johar. ……………
Plaintiff

AFFIDAVIT VERIFYING THE WRITTEN STATEMENT

I, Tom Nigam ,S/o Late Kalyana Murthi, aged about38, working as playback
singer do hereby state that:

1. I state that I am the ___________ of the Defendant Company in the above

suit and I am fully acquainted with the facts and circumstances of this
case.
2. I state that what is stated above in paragraphs 01 to  of the
accompanying written statement are true to the best of my knowledge,
information and belief.

Identified by me:

Advocate DEPONENT

VERIFICATION
I, the above named Deponent, do verify at __________, on this the ___ day of
July 2012 ,that the contents of my affidavit are true and correct to the best of
my knowledge and belief.

No. of Corrections: DEPONENT

Sworn to before me: