Decided On:04.08.202 vs Ltd. Ritz Annexe And Another
2021 Latest Caselaw 3500 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA OSA No.14 of 2011 Decided on:04.08.2021 Rama Sood and others ..........Petitioners Versus

.

Himachal Pradesh Tourism Development

Ltd. Ritz Annexe and another ........Respondents ____________________________________________________ Coram:

Hon'ble Mr. Justice Ravi Malimath, Acting Chief Justice. Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?

For the petitioners : Mr. J.S. Bhogal, Sr. Advocate with

Mr. T.S. Bhogal, Advocate.

For the respondents : Mr. Sumeet Raj Sharma, Advocate.

(Through Video Conferencing)

_____________________________________________________ Ravi Malimath, Acting Chief Justice (Oral).

Aggrieved by the judgment and decree dated

07.01.2011, passed by the learned Single Judge, in Civil Suit

No.65 of 1999, titled Rama Sood and others versus Himachal

Pradesh Tourism Development Corporation Ltd. Ritz Annexe and

another, dismissing the suit of the plaintiffs, the appellants/

plaintiffs have filed this appeal.

2. The appellants-plaintiffs had filed the suit for recovery

of a sum of Rs.1,18,99,147/-, alongwith interest @ 36% per

annum, before this Court. The learned Single Judge has noted in

____________________________________________________ Whether reporters of Local Papers may be allowed to see the judgment? Yes.

Para-17 of the order dated 07.01.2011, that applications were filed

before the learned Single Judge, pertaining to the bills of payment

and various amounts of payment that have been made.

.

Thereafter, the learned Single Judge came to the conclusion that

according to the defendants, only a sum of Rs.1.50 lacs to 2.00

lacs was to be paid to the appellants-plaintiffs and the same was

to be finalized after finalization of the bills. Presently, it is

contended by the learned Senior Counsel for the appellants-

plaintiffs that the said amount of Rs.1.50 lacs to 2.00 lacs has

also been paid to the appellants-plaintiffs.

3. Under these circumstances, we do not find any

ground to proceed further in the matter. The amount claimed has

since been satisfied. Hence, the entire amount has been paid to

the appellants-plaintiffs. Therefore, we do not find any ground to

entertain this appeal. Hence, the same is dismissed.

                                                    ( Ravi Malimath )
                                                   Acting Chief Justice




                                                   ( Jyotsna Rewal Dua )
         August 04, 2021                                  Judge
          (Yashwant)