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
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
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.
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.
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
Plaintiffs
M/s. Indus Towers Ltd. (Age not specified years)
Indus Towers Ltd., 8th Floor, Vankarath Towers, Cochin, Kerala
Defendants
M/s. Desai Homes (Age not specified years)
40/7669, C-40, I Floor, DD Vasthramahal, Market Road, Ernakulam
DD Vyapar Bhavan Owners Association (Age not specified years)
27, 28, Basement Floor, DD Vyapara Bhavan, K.P Vallom Road, Kadavanthara, Cochin 682 020
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