R. SANTOSH vs ONE97 COMMUNICATIONS LTD.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 04.03.2025 Pronounced on: 12.06.2025 + RFA(COMM) 130/2025 R. SANTOSH .....APPELLANT Through: Ms. R. Gayathri Manasa, Adv. versus ONE97 COMMUNICATIONS LTD. .....RESPONDENT Through: None. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR JUDGMENT SHALINDER KAUR, J. 1. This Regular First Appeal, instituted under Section 13 of the Commercial Courts Act, 2015 (in short, ‘the CC Act’), impugns the Judgment dated 25.11.2024 passed by the learned District Judge (Commercial Court-06), South-East District, Saket Courts, New Delhi (hereinafter referred to as the ‘District Judge’) in CS (COMM) 422/2023, titled ONE97 Communications Ltd. v. R. Santosh, whereby the suit filed by the Respondent was decreed, and the Appellant was directed to pay to the Respondent a sum of ₹5,00,000/-, together with the pendente lite and future interest at the rate of 8% per annum. The appellant was further directed to pay the cost of the Suit to the respondent, and in case the cost was not paid within thirty days, it was to carry interest at the rate of 6% per annum. Signature Not Verified Digitally Signed By:SHALINI UNIYAL BHATT RFA(COMM) 130/2025 Page 1 of 12 Signing Date:12.06.2025 15:12:38 2. The facts relevant for adjudication of the present appeal, as emerging from the record, are thus: 2.1The Respondent (plaintiff before the learned District Judge), is a company engaged in the business of providing telecom-based value-added services, including services relating to bill payments, recharges, and ticketing. The Appellant, (defendant before the learned District Judge), being the owner of a movie theatre, namely Sharada Talkies, approached the Respondent for the purpose of marketing, promotion, listing, and booking of movi