Indus Towers Limited v. Maharashtra Industrial Development Corporation Ltd And 5 ORS

k 1/1 903 wp 2835.15 os.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2835 OF 2015 ...

Indus Towers Limited ....Petitioner V/S Maharashtra Industrial Development Corporation Limited & Ors.

....Respondents ...

Mr.Amit Khairnar a/w Mr. Toufiq Kapadia and Mr. Irani I/b M/s. D.H. Law Associates for the Petitioner.

Mr. Pranav Thakur I/b M/s. Little & Co. for Respondent Nos.1 to 5. Mr. H.V. Venegaonkar, Additional G.P. for Respondent No.6/State. CORAM : A.A. SAYED & A.K. MENON, JJ.

DATE : 13 DECEMBER 2018.

ORDER:

Learned Counsel for the Petitioner states that the Petitioner is essentially aggrieved by the alleged subletting charges being levied by the Respondent No.1 MIDC for installation of telecommunication tower on the terrace of the building in MIDC area. It is an admitted position that the demand of subletting charges is made by Respondent No.1 MIDC to its lessee and not to the Petitioner. In these circumstances, we are not inclined to entertain the Petition at the instance of the Petitioner and leave it open for the lessee to challenge subletting charges, if so advised. The Petition is accordingly dismissed.

(A.K. MENON, J.) (A.A. SAYED, J.) katkam 1/1