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O.S No.1140/2015

Case between M/s. Indus Towers Ltd. vs M/s. Desai Homes et al regarding permanent prohibitory injunction and counter claim for monthly charges.

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-08-19
Duration
Case Closed
Mon, 08/19/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

M/s. Indus Towers Ltd. filed a suit seeking permanent prohibitory injunction against M/s. Desai Homes and DD Vyapar Bhavan Owners Association, who are obstructing the plaintiff from maintaining a telecommunication tower. The defendants filed a counter claim seeking to recover monthly charges from the plaintiff.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed in favor of the plaintiff, and the defendants are permanently restrained from obstructing the plaintiff's maintenance of the telecommunication tower. The counterclaim by the second defendant is dismissed.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from obstructing the plaintiff and its workers from entering the plaint schedule property and maintaining the telecommunication tower.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, and the defendants are permanently restrained from obstructing the plaintiff's maintenance of the telecommunication tower. The counterclaim by the second defendant is dismissed.
Why Plaintiff Won:
The court found that the plaintiff is entitled to maintain the tower as they are in possession and the defendants have no valid grounds to obstruct.
Losing Side's Weaknesses:
The court found that the plaintiff is entitled to maintain the tower as they are in possession and the defendants have no valid grounds to obstruct.
Supporting Evidence
The court concluded that the plaintiff had been managing the telecommunication tower and the defendants had raised baseless objections to its maintenance.

Judgment Evidence:

In the result, the suit is decreed and the counterclaim is dismissed as follows: The defendants and their men or agents are restrained by way of permanent prohibitory injunction from obstructing the plaintiff and its workers from entering plaint schedule property and from maintaining the telecommunication tower, infrastructure and allied equipments at DD Vyapar Bhavan, Kadavanthara, Ernakulam, except as per procedure established by law.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s. Indus Towers Ltd.
Relation
Represented through its duly authorized, DGM (Legal), Premkrishnan Nair
Party Role
Defendant
Party Name
M/s. Desai Homes
Relation
Represented by its partner Sri. V. R Desai
Party Role
Defendant
Party Name
DD Vyapar Bhavan Owners Association
Relation
Represented by its Secretary S. Krishnakumar
Plaintiffs Documents
Authorization Letter, Power of Attorney
Defendants Documents
Minutes of meeting, Certificate of Registration of Societies, Office copy of the Letter, Building permit, Gift Deed No. 3310/2012, Sale Deed No. 3145/2009

Advocates

Party Role
Plaintiff
Advocate Name
P Sathisan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
P K Ravisankar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
V Gopakumar
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
P Martin Jose
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
V A Johnson
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Eldho Cherian
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Harikrishna S
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Naveen A Varkey
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Cyriac Tom
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
The court granted a permanent prohibitory injunction restraining the defendants from obstructing the plaintiff's access to maintain the telecommunication tower.
Evidence:
The defendants and their men or agents are restrained by way of permanent prohibitory injunction from obstructing the plaintiff and its workers from entering plaint schedule property and from maintaining the telecommunication tower, infrastructure and allied equipments at DD Vyapar Bhavan, Kadavanthara, Ernakulam, except as per procedure established by law.
Relief Type: Declaration
Outcome: Refused
Description:
The counterclaim for declaration of rights to demand payment of monthly maintenance charges by the second defendant was refused.
Evidence:
I am of the opinion that the reliefs that are sought for by way of counterclaim in the suit cannot be granted in a counterclaim and as such the issues II and III are to be answered against the second defendant.
Relief Type: Mandatory Injunction
Outcome: Refused
Description:
The counterclaim for a mandatory injunction directing the plaintiff to pay monthly maintenance charges to the second defendant was refused.
Evidence:
I am of the opinion that the reliefs that are sought for by way of counterclaim in the suit cannot be granted in a counterclaim and as such the issues II and III are to be answered against the second defendant.

Documents & Evidence

Document Type: Authorization letter
Submitted By: Plaintiff
Relevance:
This document serves as a true copy of the authorization for the representative of the plaintiff.
Reference:
Ext.A2(a)
Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
This document grants authority to act on behalf of the plaintiff.
Reference:
Ext.A7
Document Type: Minutes of Meeting
Submitted By: Defendant
Relevance:
This document is referenced regarding the proceedings involving the second defendant.
Reference:
Ext.B1
Document Type: Certificate of Registration of Societies
Submitted By: Defendant
Relevance:
This document establishes the legitimacy of the second defendant as a registered body.
Reference:
Ext.B2
Document Type: Certified copy of Memorandum of Association
Submitted By: Defendant
Relevance:
This document provides foundational details about the second defendant's establishment.
Reference:
Ext.B2(a)
Document Type: Office copy of the letter
Submitted By: Defendant
Relevance:
This document is referred to in relation to communications concerning the case.
Reference:
Ext.B3
Document Type: Copy of the letter issued by DD Vyapar Bhavan Owners Association
Submitted By: Defendant
Relevance:
This document is related to the association's involvement and claims in the matter.
Reference:
Ext.B4
Document Type: Computer print of Statement of account
Submitted By: Defendant
Relevance:
This document provides financial records relevant to the charges discussed.
Reference:
Ext.B4(a)
Document Type: Gift Deed
Submitted By: Defendant
Relevance:
This document is referenced concerning ownership and rights related to the property.
Reference:
Ext.B5
Document Type: Attested copy of Minutes of Meeting
Submitted By: Defendant
Relevance:
This document outlines decisions made by the owners' association relevant to the case.
Reference:
Ext.B6
Document Type: Original of the Sale Deed
Submitted By: Defendant
Relevance:
This document provides details about the sale transaction relevant to the property in question.
Reference:
Ext.B8
Document Type: Certified copy of the Sale deed
Submitted By: Defendant
Relevance:
This document establishes property-related transactions relevant to the context of the case.
Reference:
Ext.B10
Document Type: Photographs
Submitted By: Defendant
Relevance:
These photographs are presented as evidence pertaining to the infrastructure in question.
Reference:
Ext.B11 series
Document Type: Certificate u/s. 65 B of Indian Evidence Act
Submitted By: Defendant
Relevance:
This document validates the electronic records related to the case.
Reference:
Ext.B12

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between M/s. Indus Towers Ltd. vs M/s. Desai Homes et al regarding permanent prohibitory injunction and counter claim for monthly charges.
Case Code Year
Case between M/s. Indus Towers Ltd. vs M/s. Desai Homes et al regarding permanent prohibitory injunction and counter claim for monthly charges.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Thu, 01/01/2015 - 12:00
Case Closed
Mon, 08/19/2024 - 12:00
From
Thu, 08/01/2024 - 12:00
To
Sat, 08/31/2024 - 12:00
Outcome Confidence
80%

Involved Entities

Private Individual

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