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Hotel Highway vs N.K.Subhin . on 11 August, 2015

Ü     ITEM NO.104                                    COURT NO.11                SECTION XIA

                                      S U P R E M E C O U R T O F        I N D I A
                                              RECORD OF PROCEEDINGS

     Civil Appeal                    No(s).     652/2006

     HOTEL HIGHWAY & ANR.                                                     Appellant(s)

                                                           VERSUS

     N.K.SUBHIN & ORS.                                                        Respondent(s)

     (with office report)

     WITH
     C.A. No. 2508/2008
     (With Office Report)

     Date : 11/08/2015 These appeals were called on for hearing today.

     CORAM :
                               HON’BLE MR. JUSTICE VIKRAMAJIT SEN
                               HON’BLE MR. JUSTICE SHIVA KIRTI SINGH

     For Appellant(s)                     Mr. Jayant Muthraj, Adv.
                                           Mr. Roy Abraham, Adv.
                                           Ms. Seema Jain, Adv.
                                           Mr. Himinder Lal,Adv.

     For Respondent(s)                         Mr. C. K. Sasi,Adv.

                                               Mr. Romy Chacko,Adv.
                                               Mrs. D.P. Mohanty, Adv.

                                               Ms. Bina Madhavan,Adv.

                                               Mr. Jogy Scaria, Adv.

                                               Mr. M. P. Vinod,Adv.

                                UPON hearing the counsel the Court made the following
                                                   O R D E R

C.A. No. 652 of 2006 Appeal is disposed of in terms of the Signed Order.

List tomorrow as part heard.

Digitally signed by
Usha Rani Bhardwaj
Date: 2015.08.12
16:48:36 IST
Reason:


                                (NEELAM GULATI)                    (SAROJ SAINI)
                                 COURT MASTER                       COURT MASTER

(Signed Order in C.A. 652 OF 2006 is placed on the file) IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 652 OF 2006 HOTEL HIGHWAY & ANR. Appellant(s) VERSUS N.K.SUBHIN & ORS. Respondent(s) O R D E R Learned Counsel for the Appellants states that the questions of law, which have been raised in this Appeal, have been rendered infructuous inter alia since the licence period has expired and further because the Appellant has been evicted from the premises from which the FL-3 (Bar licence) was to be operated. However, since the Appellants had been permitted to seek appropriate remedy for recovery of the proportionate amount of licence fee paid, the Appellants propose to exercise that remedy.

In these circumstances, the Appeal is disposed of as infructuous without prejudice to the Appellants’ right to initiate appropriate remedy for the refund of the proportionate amount of licence fee.

.................J (VIKRAMAJIT SEN) .................J (SHIVA KIRTI SINGH) NEW DELHI August 11, 2015