FERNHILL PALACE Vs. J K CONSTRUCTIONS

JUDGEMENT

(1.) THIS appeal has been directed against the decree and judgment in O. S. NO. 111 of 1996 on the file of the Court of Subordinate Judge, Udahamandalam.

(2.) THE short facts of the case of the plaintiff in the plaint are as follows:-

(3.) THE defendant in his written statement would contend that the suit has been filed against the wrong person. The General Manager is only the employee under the Indian Hotels Company Ltd. The Defendant is not the legal entity. 'fernhill Palace' is only the Brand name of the hotel belonging to Messers Gayathri Enterprises, a Registered Partnership Firm, having its registered office at The Palace, Mysore. The Ferhill Palace is not a legal entity. The Taj Group of Hotels is also not a legal entity. It is only a brand name owned by the Indian Hotels Co. Ltd. , with registered office at Mumbai. It is a company incorporated under the Indian Companies Act, 1882. The plaintiff ought to have filed the suit only against this defendant. The suit is not maintainable on this ground alone. The plaintiff was entrusted with various civil works. The agreement for the said work was oral/job orders. The work was completed in October 1990 and the plaintiff submitted a bill for Rs. 8. 04,924/- and the defendant made payments on various dated towards the said Bill. In fact the defendant has paid a sum of Rs. 9,43,464/- towards the Bill amount. Though the defendant has made excessive payment, and he is entitled to get back the money, he is unable to claim the same as it has become time barred. The plaintiff is not entitled to claim interest for the Bill submitted by him. The plaintiff has filed the suit only for the interest. Only to tarnish the image of the defendant, the plaintiff has filed this frivolous suit. There is no cause of action to file the suit. The suit is bad for non-joinder of necessary parties. The suit is liable to be dismissed with costs.