Suyog Telematics Limited,Thr. Its Dir.Mr. Shivshankar Lature v. The Assistant Municipal Commissioner And Others

Digitally signed by VINA ARVIND KHADPE Date:

2021.12.20 14:12:07 +0530 VINA ARVIND KHADPE Vina Khadpe 19-AO-428-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 428 OF 2021 WITH INTERIM APPLICATION NO.3302 OF 2021 IN APPEAL FROM ORDER NO. 428 OF 2021 Suyog Telematics Limited ... Appellant V/s.

The Assistant Municipal Commissioner and ors. ... Respondents Mr.A. K. Ansari for the Appellant.

Smt.Madhuri More for the Respondent - MCGM.

CORAM : A.S. GADKARI, J.

DATE : 10th December 2021 P.C. :

1.

Appellant, by way of interim relief, has sought the police protection to the workers of the Appellant for carrying out the work of replacing the parts of the mobile Tower errected on the premises of Defendant No.3. Admittedly as of today, the Police departmnet has not been made defendant / necessary party to the said Suit. 2.

Perusal of the impugned order indicates that, the Trial Court has observed that, the Appellant has not filed a single document to show that, the workers of the Appellant had been to the said premises to do the work as alleged and his people were obstructed. That no photographs, police report 1/2

Vina Khadpe 19-AO-428-2021.odt or panchanama etc. is filed on record. It is to be noted here that prima facie there is no material on record to show that, the workers of the Appellant are really being obstructed from carrying out their duties from repairing of mobile tower by any person in the locality. Even otherwise, by the impugned Order, the Trial Court has simply refused to grant ad-interim relief in favour of the Appellant.

3.

I am of the opinion that, the Order passed by the Trial Court needs no interference by this Court.

Appeal being dehors of any merits is accordingly, dismissed. In view of disposal of Appeal, Interim Application No.3302 of 2021 does not survive and is accordingly disposed off. [A.S. GADKARI, J.] 2/2