: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.393 OF 2008 WITH CIVIL APPLICATION NO.462 OF 2008 IN NOTICE OF MOTION NO.2646 OF 2007 IN L.C.SUIT NO.3785 OF 2006 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.Ashutosh Shukla i/b Mr.L.S. Shukla for the Appellants. Mr.M.L. Palav with Mr.C.D. Abuwale i/b M/s.Dave & Co. for Respondent No.1. CORAM : S.J. VAZIFDAR, J. DATED : 5TH MAY, 2008. P.C. : 1. The impugned order warrants no interference. The real dispute is between the Appellants and Respondent Nos.1 and 2. Respondent No.3 is Reliance Infocom Ltd. There was a lease agreement for ten years between the Appellants and Respondent No.3 by which Respondent No.3 had put up B.T.S. equipment on the building owned by the Appellants. This was to facilitate the : 2 : use of mobile telephones. 2. However, as a result of the disputes between the Appellants and Respondent Nos.1 and 2, it has not been possible to activate the equipment. In these circumstances, no useful purpose can possibly be served by allowing the equipment to be ruined by lying idle. Respondent No.3 is not concerned with the disputes between the Appellants and the other Respondents. 3. The Appellants have no interest in respect of the said equipment including any charge thereon. They are therefore, most certainly entitled to remove the equipment. 4. Even assuming that there is any breach on the part of Respondent No.3, which is highly doubtful, the Appellants only claim can be by way of damages and nothing else. 5. The Appeal from Order is : 3 : dismissed. The Civil Application is also dismissed.