Sunday, June 13, 2010
Other aspect which arises for consideration is the issue of damages and rendition of accounts. Learned counsel for the plaintiff's contends that there are catena of judgements by this Court where the parties which do not appear or fail to contest the matter should not seek to get advantage out of their failure to produce the relevant material on record for determination of such damages. There is force in the contention of the learned counsel for the plaintiff as this aspect has been repeatedly examined by this Court in the judgement of Times Internet Limited v. Indiatmes.com & Ors., being CS (OS) No. 125/2007 pronounced on 31.7.2007. Learned counsel for the plaintiff's has substantiated his case to such damages by reference to the judgement of this Court in Asian Paints (India) Ltd. v. Balaji Paints & Chemicals & Ors., 2006 (130) DLT 150 wherein it has been observed that a party not appearing in the Court should not avail of the benefit of such absence from the Court proceedings.