PUNJAB STATE AND ANR Vs. RAVI DUTT SAINI

JUDGEMENT

(1.) This Regular Second Appeal is directed against judgments and decrees dated 8.10.2001 and 1.10.2009 passed respectively by the Civil Judge (Senior Division), Rupnagar (hereinafter described as 'the trial Court') and the Additional District Judge (Ad hoc), Fast Track Court, Ropar (referred to hereinafter as 'the first appellate Court'). C.M.No.1373-C of 2010 has been moved under Section 5 of the Limitation Act for condonation of 16 days' delay in its filing, whereas C.M.No.1374-C of 2010 has been filed for staying the operation of the impugned judgments and decrees during pendency thereof.

(2.) The plaintiff-respondent had filed a suit against the defendants-appellants for recovery of Rs. 70,0000/- as damages sustained by him on account of cancellation of the permission given by the Sub Divisional Magistrate, Mohali - defendant No. 2 for holding of cultural Nite at Dusshera Ground, Mohali on 5.12.1998. He had also claimed future and further interest at the rate of 12% per annum.

(3.) It was pleaded by the plaintiff that he was engaged in the entertainment business and was functioning through his sole proprietorship firm - "World Class Entertainers" with head office at Hoshiarpur and a branch office at Chandigarh; that his firm used to arrange programmes of entertainment by bringing singers and other star artists; that a cultural Nite was planned to be held in Mohali on 5.12.1998, that for that purpose, Mr. Daler Mehandi, a renowned singer was engaged and a total sum of Rs. 12.50 lacs by way of three demand drafts was paid to him; that another sum of Rs. 1,50,000/- was paid in cash to Mr. Daler Mehandi for bringing his paraphernalia which included sound system, light system, stage, staff, their fare as well as comparer; that his firm had also hired an office in Chandigarh at the rate of Rs. 8500/- for first month and at the rate of Rs. 9000/- for later two months; that a residential house in Mohali was also taken on a monthly rent of Rs. 2200/-; that an application dated 17.11.1998 was submitted to defendant No. 2 for granting permission to organize the Nite and for providing adequate security for 5.12.1998 at the time of show; that the necessary sanction was granted by defendant No. 2 and a copy of the sanction order was sent to the Station House Officer, Mohali, as also to the Municipal Corporation for making security arrangements and for arranging fire brigade etc.; that tickets for the show of the denomination of Rs. 1000/-; Rs. 500/- and Rs. 200/- to the tune of 5000, 5000 and 65,000 respectively were got printed; that out of these tickets about 8000 tickets were sold through sale counters and the rest were to be purchased by the viewers on the day of the show; that Mr. Daler Mehandi reached Chandigarh on 4.12.1998 and was made to stay in Hotel Sunbeam, Sector 22, Chandigarh; that a press conference was also held by him on 4.12.1998 and the entire shamiana and stage were made ready for the show; that a generator set for providing uninterrupted electricity was also arranged for which a sum of Rs. 4000/- was given as advance; that Rs. 75000/- were paid to the persons who arranged outer fencing for the show and Rs. 27000/- were paid as hotel charges; that the entire expenses to the tune of Rs. 34000/- for stay of Mr.Daler Mehandi and his staff and for holding press conference in the Hotel Sunbeam were borne by the plaintiff out of which Rs. 7000/- were excluded by the Hotel management on account of non-performance of the show due to withdrawal of the permission; that Mr. Daler Mehandi had brought his stage etc. in four trucks for which octroi to the tune of Rs. 1,32,000/- were claimed, but due to cancellation of the show,the trucks wee allowed to go back by the contracter after charging Rs. 32,000/-; that the permission for holding the show was cancelled on flimsy grounds, viz. the congregation at Anandpur Sahib for which police force was required; that the said congregation had already concluded on 24.11.1998 and in fact, the permission was cancelled due to influence of a party from Delhi which was going to organize a cultural night on 26.12.1998 at Chandigarh; amd that more than Rs. 20 lacs had already been spent by the plaintiff for making arrangements for the show and a sum of Rs. 50 lacs was expected as profit therefrom.