Bombay High CourtCAW/917/2019disposed off

Indus Towers Ltd. Thru Shri. Ramesh Salvekar v. Bhiwandi Nizampur City Municipal Corp. And ORS

2019-04-04Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

p.501.caw.917.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 917 OF 2019 IN WRIT PETITION NO. 3609 OF 2019 Indus Towers Ltd ..Applicant Vs.

Bhiwandi Nizampur City Municipal Corporation Bhiwandi and Others ..Respondents Mr. A. V. Anturkar, Senior Advocate a/w Mr. S. B. Deshmukh, for the Applicant.

Mr. N. R. Bubna, for Respondent Nos.1 to 4.

CORAM:-S. C. DHARMADHIKARI & B. P. COLABAWALLA, JJ.

DATE :- APRIL 04, 2019.

P. C.:

Not on Board. Taken on Board.

This Civil Application is taken up urgently at the request of Mr. Anturkar, learned senior counsel for the Applicant. On notice and since the matter was urgent but without it being listed on our Board, we requested Mr. Bubna, learned counsel appearing for the Municipal Corporation to take instructions. Mr. Bubna has accepted notice and waives service Aswale 1/2

p.501.caw.917.19.doc for the Respondents. On Mr. Bubna's attention being invited to paragraph 9 of this Civil Application and the apprehension of the Applicant's senior counsel that the materials not only being removed but retained by Respondent No.1 Corporation's officials would paralyze the functioning of the mobile tower and would also affect the customers of this service providers, on instructions, Mr. Bubna says that the materials taken away, namely the power supply adapter instrument and the ground cable would be returned to the Applicant's representative on or before 5th April, 2019.

Till the reply affidavit is filed to this Civil Application and even to the Writ Petition, Mr. Bubna says on instructions that the Respondents will not take any coercive steps so as to disrupt the business activity of the Applicant/Petitioner. We accept this statement as an undertaking to this Court. In view thereof, presently no ad-interim relief. The Civil Application stands disposed of.

Place the Writ Petition on Board on 11th April, 2019. ( B. P. COLABAWALLA, J. ) ( S. C. DHARMADHIKARI, J. ) Aswale 2/2