Nilgiri Tower Co.Op. Housing Soc. Through Chairman And Secretary v. The Manager, Mtnl Office

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 14028 OF 2016 ...

Nilgiri Tower Co.op. Housing Soc. Through Chairman And Secretary ....Petitioner V/S The Manager, MTNL Office ....Respondent ...

Adv.Yogesh Karode i/b Vijay R. Shinde for the Petitioner. None for the Respondent.

...

CORAM : A.A. SAYED & RIYAZ IQBAL CHAGLA, JJ.

DATED : 2 APRIL 2019 P.C.:

The Petitioner-Society had entered into a Leave & Licence Agreement with the Respondent-MTNL in respect of installation of MTNL tower. The grievance of the Petitioner is that though the MTNL has removed the tower, the same is kept on the terrace of the building. The Petitioner also seeks to recover an amount of Rs.2.88 lakh towards rent. 2.

The Petitioner has a remedy before the appropriate forum. In the circumstances, we are not inclined to exercise extraordinary writ jurisdiction of this Court. The Petition is, accordingly, dismissed. (RIYAZ IQBAL CHAGLA,J.) (A.A.SAYED, J.) Uday.P.Kambli 1/1