:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 1277 OF 2008 OF MOTION NO. 1277 OF 2008 OF MOTION NO. 1277 OF 2008 IN IN IN SUIT SUIT SUIT NO. 3049 OF 2003 NO. 3049 OF 2003 NO. 3049 OF 2003 Ms. Ishwara Enclave Co-op.Hsg.Soc.Ltd. ...Plaintiff. V/s. M/s. Nikhileshwara Building India Ltd. and Ors. ... Defendants. Ms. P. Mhatre with T. Jain i/b. S. Satpute & Co. for the Plaintiff. Ms. G. Shah i/b. H.V. Kode for Defendants 1 and 2. Mr. Prashant i/b. J.S. Chaudhari for Defendant 3. Mr. Amit Jamsandekar with U. Jain i/b. D.H. Law Asso. for Defendant 4. Mr. Shivdavkar, Treasurer of Plaintiff - Society present. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 16TH 16TH 16TH DECEMBER 2008. DECEMBER 2008. DECEMBER 2008. P.C. P.C. P.C. : : : . This is a Motion for a limited relief. The Fourth Defendant is a Mobile Service Provider. It has installed its equipment/antena in the premises of the Plaintiff-Society. There is a dispute between the Plaintiff and Defendant Nos. 1 to 3. The grievance is that in the light of the pending dispute, the equipment and machinery which is installed is not being looked after and maintained. Defendant No.4 are restrained from entering upon the premises and the society is obstructing even maintenance and up-keeping of the equipment. :2: 2. The Motion is opposed by the Plaintiff and it is contended that there is an interim order made in the Suit under which the Fourth Defendant are required to deposit periodical sums in Court and there is a default in complying with that order. Mr. Jamsandekar appearing for the Fourth Defendant in support of the Motion disputes this fact and states that all amounts are deposited. However, upon taking instructions, he makes a statement that if there is any deficit or shortfall, the Fourth Defendant will make it and only after production of the proof of compliance with the order, that the Fourth Defendant shall be permitted to enter the premises of the Society alongwith a Technician and a duly authorised Official only to maintain and carry out repairs if any, to the machinery/equipments. 3. I had clarified to the learned Advocate appearing for the contesting parties that no rights are being created in favour of the Fourth Defendant. No relief is being granted to them in the Suit filed by the Plaintiff - Society. When it is not disputed that the equipment/machinery belongs to the Fourth Defendant - Mobile Service Provider, then, the Mobile Telephone Service equipments/antena must be allowed to be maintained and looked after by the Service Provider. For this limited purpose and without prejudice to the rights and contentions of the parties in the main matter, the Fourth Defendant can be permitted to enter upon the premises. :3: 4. Accordingly, it is directed that without prejudice to the rights and contentions of the parties and purely for up-keeping and maintenance of the equipment/antena the duly authorised Official of the Fourth Defendant and a Technician accompanying him shall be permitted to enter the premises of the Society every fortnight i.e. twice in a month on 15th and 30th of every month. This arrangement shall continue during the pendency of the Contract/Agreement between the Society and the Mobile Service Provider. This arrangement shall continue only till the agreement between Defendant Nos. 3 and 4 is in force. It is clarified that no rights of any nature are being created nor are created under this arrangement and only for purposes of repairs and maintenance of the equipments that the Defendant No.4 is permitted to enter upon the property. The arrangement is evolved only because of the statement made in paragraphs 5 and 6 of the affidavit in support of the Notice of Motion. The Motion is disposed off accordingly. . This order is passed in the presence of the Treasurer of the Plaintiff - Society. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)