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High CourtsSingle Bench(2020) 10 SHI CK 0156

Marina Hotel vs Phonographic Performance Limited & Others

High Court Of Himachal Pradesh · Decided on 15 October 2020

HON’BLE JUDGES
Ajay Mohan Goel, J
RESULT
Disposed Of
CASE NUMBER
CMPMO No. 125 Of 2019

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Judgment

6 paragraphs · 326 words

Ajay Mohan Goel, J

1.

By way of this petition, petitioner has prayed for the following relief:­

"It is, therefore, most respectfully prayed that this petition may kindly be allowed and the impugned order dated 4­12­2017 Annexure P­1 passed by the Ld. District Judge Shimla in Civil Suit No.6­S/1 of 2016 titled Phonographic Performance Limited vs. Raddison Hotel and other may kindly be set aside and quashed".

2.

When this case was taken up for consideration, learned Counsel for the petitioner submits that the matter is squarely covered by the judgment passed by Hon'ble Coordinate Bench of this Court in CMPMO No.576 of 2017, titled as Chalets Resort Versus Phonographic Performance Ltd. & others, decided on 22.07.2019 and this petition can be disposed of, ordering that the order which has been passed by Hon'ble Coordinate Bench shall ad idem be applicable to this particular petition also.

3.

Learned Counsel for respondent No.1 could not dispute this fact that in a similar case, Hon'ble Coordinate Bench of this Court has been pleased to allow the petition.

4.

Therefore, in these circumstances, as the parties are at ad idem that the issue involved in this petition is squarely covered by the judgment passed by Hon'ble Coordinate Bench of this Court in CMPMO No.576 of 2017, titled as Chalets Resort Versus Phonographic Performance Ltd. & others, decided on 22.07.2019 and this petition be disposed of with the direction that the findings so returned by Hon'ble Coordinate Bench shall mutatis mutandi apply to this petition also, the same is disposed of with the direction that the findings returned by Hon'ble Coordinate Bench of this Court in CMPMO No.576 of 2017, titled as Chalets Resort Versus Phonographic Performance Ltd. & others, decided on 22.07.2019, shall mutatis mutandi apply to this petition also and all directions so issued by Hon'ble Coordinate Bench shall be construed as having been issued in this petition also. Pending miscellaneous applications, if any, also stand disposed of.