Reliance Infratel Ltd. And ORS. v. Pune Municipal Corporation And ORS.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST). NO.35905 OF 2016 IN WRIT PETITION (ST). NO.35786 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms.Anjali Chandurkar a/w Mr.Sarosh Bhavnaha and Mr.D.J.Kakaria i/b M/s.Mulla and Mulla for the applicants CORAM : K. K. TATED, J.

(VACATION COURT) DATE : DECEMBER 30 2016 P.C.:

Not on board. At the request of Advocate for the applicants, matter is taken on board.

Heard the learned counsel for the parties.

The learned Counsel for the applicants submits that this court (Coram: A.K.Menon, J.) passed order on 27.12.2016 in Writ Petition (ST). No.35786 of 2016 restraining the respondents from taking any further coercive steps till 5.1.2017. She submits that before communicating the said order respondents sealed their premises situated at S.No.15, 7th floor, East Wing, Marisoft IT Park, Builiding No.3, Marigold Premises, Kalyani Nagar, Vadgaon Seri, Pune 411 014. She submits that in the said premises, petitioners main office is 1/3

situated as well as their server is servants are lying there. She submits that in case of emergency they have to take appropriate steps by entering the said premises. She further submits that they have no objection if attachment is continued till further till further orders but respondents may be directed to remove the seal on the said premises.

The learned counsel for the respondent after taking instructions from the concerned officer who is present in court makes a statement that they have no objection if Civil Application is allowed in terms of prayer clause (a).

It is to be noted that applicants' server is situated in office premises which was sealed by the respondents. In case of emergency, applicants have to take appropriate steps to keep their mobile towers working.

Considering the submissions made by the learned counsel for the applicants and the averments made in Civil Application, I am satisfied that the applicants have made out a case for allowing Civil Application. Hence, following order is passed:

A) Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a) That this Hon'ble Court be pleased to direct the Respondents to remove the block 2/3

and seal placed by them on the office premises occupied by the Petitioner situated at S.No.15, 7th floor, East Wing, Marisoft IT Park, Builiding No.3, Marigold Premises, Kalyani Nagar, Vadgaon Seri, Pune 411 014."

B) Attachment if any, made by the respondents of petitioners' property to continue till further orders.

C) Civil Application is disposed of accordingly. JUDGE 3/3