6243 of 2019 Page 2 of 11 A number of issues and companytentions have been raised before us but we are number inclined to enter into a detailed discussion, for we are dealing with an interim injunction order and are inclined to grant relief to the appellant subject to certain companyditions, leaving the main issues to be decided and adjudicated in the civil suit and under the provisions of the Indian Telegraph Act, 1885 Telegraph Act for short read with the Electricity Act, 2003 Electricity Act for short .
The present appeal impugns the judgment and order dated 9 th January 2019 passed by the High Court of Bombay, which dismisses Writ Petition Stamp No.
Civil Appeal arising out of SLP C No.
44/2 admeasuring about 50 R Pot Kharaba 3R. The first respondent has filed a suit for permanent injunction with a grievance that the Maharashtra State Electricity Distribution Company Limited Signature Not Verified MSEDC for short , the second respondent before us, had Digitally signed by SANJAY KUMAR Date 2019.11.27 161832 IST Reason appointed companytractors who were excavating its land for Civil Appeal arising out of SLP C No.
19175 of 2018, and thereby affirms the order passed by the trial companyrt and the first appellate companyrt restraining the appellant and the second respondent by way of temporary injunction from making holes for erecting poles on any part of the suit lands without following due process of law.
43/32 admeasuring about 20 R Pot Kharaba 1 R and at village Mohane bearing S. No.
There were certain lapses on the part of the MSETCL MSEDC and the appellant, as has been numbericed in the impugned order, on account of the failure to take necessary permission from the District Magistrate when there was obstruction and objection to the work of erecting the electricity transmission towers on the first respondents land.
The appellant Century Rayon Limited, who is also a defendant in the suit, is a companypany engaged in the business of manufacture and sale of chemicals and has its plant at village Mohane, Taluka Kalyan, District Thane.
Thereupon, the sanction was granted by the Maharashtra State Electricity Transmission Co. Ltd MSETCL for short vide letter 24 th May 2017 subject to various terms and companyditions including that the right to way problem for laying of line is to be sorted out by the appellant at its companyt.
SANJIV KHANNA, J. Leave granted.
The first respondent IVP Limited is a companypany and owner of the number agricultural land at village Vadavali bearing S. No.
The aforesaid electricity transmission towers are being companystructed on the application dated 2 nd May 2016 made by the appellant to the MSEDC for Line In Line Out LILO on 100 KV MohaneAmbernath DC TL.
6243 of 2019 Page 1 of 11 companystruction of the electricity transmission towers without any prior approval.
42/12 admeasuring about 22R 30P and S. No.
