This case involves Outlook Publishing Pvt. Ltd. (the appellant) filing a suit against R R Solution (the respondent) to recover a sum of Rs. 9,77,000, which the appellant claimed was outstanding for advertising services provided in their magazines Outlook, Outlook Business, and Outlook Web. The agreement between the parties was executed on April 24, 2020, and the appellant contended that the respondent had defaulted on the payments for advertisements published in the issues dated April 20, 2020, July 27, 2020, and August 1, 2020. The plaintiff produced invoices, copies of advertisements, and agreements as evidence. However, the respondent did not appear in court and did not file a defense.
The trial court examined the evidence and observed that the appellant relied on photocopies of magazine pages rather than original copies, which are essential under law for evidence. Consequently, the court dismissed the suit, stating that the photocopies were not admissible and that the appellant had failed to prove its case satisfactorily. The court also noted the respondent's absence and held that mere affidavits and photocopies could not establish the claim comprehensively.
On appeal, the appellant argued that the original magazines could not be traced due to pandemic-related difficulties. The appellate court acknowledged this hardship and observed that since the original magazines were now available, the case should not suffer solely due to the pandemic. Accordingly, the appellate court set aside the impugned judgment and permitted the appellant to lead additional evidence, including the original magazines and electronic proofs of digital publications, in accordance with legal procedures. The matter was remanded for fresh proceedings to allow the appellant to substantiate its claim with proper evidence.
Case Details:Outlook Publishing Solution Vs R R India: May 6, 2025: RFA(COMM) 233/2025: 2025:DHC:3481-DB:High Court of Delhi: Prathiba M. Singh and Rajneesh Kumar Gupta, H.J.
