Atc Telecom Infrastructure Pvt. Ltd. v. The Municipal Corporation

5820-20wp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5820 OF 2020 ATC Telecom Infrastructure Private Limited, Andheri, Mumbai having its Circle Office at Pune through its Authorized Signatory ..Petitioner

Versus

The Municipal Corporation of Aurangabad through its Commissioner and ors.

..Respondents Mr R.R. Karpe, Advocate for petitioner Mr S.S. Tope, Advocate for respondents no.1 and 2 Mr S.B. Yawalkar, Addl.G.P. for respondents no.3 and 4 CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 9th September 2020 PER COURT:

1.

We have heard Mr Karpe, the learned Counsel for petitioner and Mr Tope, the learned Advocate for respondents no.1 and 2. 2.

During the course of hearing, Mr Tope for respondents no.1 and 2 refers to Clause 18 of the policy dated 17.2.2018 and submits that as the petitioner is relying upon the policy dated 17.2.2018, the petitioner can resort to the remedy under Clause 18 of the policy. 3.

Considering the above, we relegate the petitioner to avail the alternate remedy, as contended under policy dated 17.2.2018 (Clause 18).

5820-20wp 4.

The interim orders passed by this Court on 20.8.2020 shall continue for a period of ten days from today, so as to enable the petitioner to avail the alternate remedy. All contentions of the respective parties kept open. 5.

Writ Petition disposed of. No costs.

( SHRIKANT D. KULKARNI, J. ) ( S.V. GANGAPURWALA, J. ) vvr