Rajat Resorts, The Mall Shimla vs Reliable Hospitalities

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 428

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Rajat Resorts, The Mall Shimla – Appellant
Versus
Reliable Hospitalities – Respondent

Advocates Appeared:
For the Petitioner:Mr. Shakti Bhardwaj, Advocate.
For the Respondent:Mr. Jagmohan Singh Chandel, Advocate.

JUDGMENT :

Sandeep Sharma, J.

Being aggrieved and dissatisfied with order dated 07.07.2025 passed by learned Judicial Magistrate, First Class, Court No.3, Shimla, District Shimla, H.P, whereby the learned Court below while closing the evidence of the petitioner/complainant has further proceeded to dismiss the complainant for want of prosecution, petitioner/complainant has approached this Court in the instant proceedings filed under Section 442 of the Bhartiya Nagrik Suraksha Sanhita, 2023, praying therein to set aside the aforesaid order and restore the complaint No.280-B of 2020 titled M/s Rajat Resorts vs M/s Reliable Hospitalities.

2. Precisely, the grouse of the petitioner as highlighted in the petition and further canvassed by Sh. Shakti Bhardwaj, learned Counsel for the petitioner/complainant is that on account of unavoidable circumstances, petitioner/complainant was unable to produce his evidence on the given date and in that regard, plausible explanation was rendered on record but yet learned Court below proceeded to dismiss the complaint. Mr.Shakti Bhardwaj, learned Counsel for the petitioner/complainant submitted that learned Court below taking note of previous adjournment