CASE NOTE

Case Name: Mukesh vs. M/s ATC Telecom Infrastructure Pvt. Ltd. & others

Case Number: CS 2353/2023Civil Suit

A CIVIL SUIT FOR PERMANENT AND MANDATORY INJUNCTION

Plaintiff- Mrs. Mukesh Devi

Defendant No. 1- M/S ATC Telecom Infrastructure Pvt. Ltd.

Defendant No. 2- Vodafone Mobile Service Limited

Defendant No. 3- RajendraYadav

Defendant No. 4- RavinderYadav

CONTENTIONS IN THE CIVIL SUIT BY PLAINTIFF

The Plaintiff has rented out her property i.e. H.No.548, Sarai Khawaja, Main Market, Bajrang
Chowk, Faridabad District Faridabad to defendant No.1 for installation of telecommunication
tower.

 Previously the plaintiff had signed a License Deed with Vodafone Mobile Services
Ltd., on 3-3-2012, in the deed the whole share was in the name of plaintiff.
 The defendant no. 2 executed a Amendatory Agreement on 17/12/17 and according to
the amendatory agreement all payments pertaining to this license deed were to be
made by licensee by issuing account payee cheque/ Bank transfer, in favor of Mukesh
Devi (34%), Ravinder Yadav(33%) and Rajender Yadav (33%).
 As per the settlement the rent of the premises was to be disbursed in three equal
portions in the account of plaintiff and defendants No.3 & 4.
 The Defendant no.1,3 and 4 entered into an agreement on 24-01-2020 according to
that agreement ATC TIPL and Vodafone Mobile Service Ltd., entered into a Business
Transfer Agreement in the month of Nov, 2017 pursuant to which Vodafone India
Ltd., and Vodafone Mobile Service Ltd., have transferred their stand alone
telecommunication tower business to ATC TIPL i.e. defendant No.1 w.e.f. 31- 3-2018
and hence the site in question is now property of ATC Telecom Infrastructure Pvt.Ltd.
 LICENSOR has instructed the LICENSEE that License Fees shall be paid in the
name of Ravinder Yadav and Rajender Yadav in their Bank Account. Licensee shall
not be held liable for any disputes in respect of such payment.
 The payment was decided to be made as follows: Rajender Yadav 33.34% and
Ravinder Yadav 66.66%.
 The defendants No.2 & 3 fraudulently signed an agreement with defendant No.1 that
plaintiff had given her no objection if the rent is disbursed and divided into equal
parts with defendants No.3 & 4.
 The defendants No.3 & 4 forged No Objection document dated 11-1-2020 which was
not signed by the plaintiff.
 That the forged document made by the defendants No.3 & 4 was not attested by the
Notary Public or any other authority nor the plaintiff had signed any such document
 The defendants No. 3 had filed affidavit attested by Executive Magistrate Faridabad
on 10-12-2019 in regard to family settlement, which is also false and not as per any
family settlement
 A fabricated statement dated 7-7-2015 was also used by defendants No.3 & 4 stating
that Inderpal Yadav S/o Sh. Harkesh Yadav R/o Sarai Khawaja states that he is
surrendering his third floor to his brother Ravinder Yadav and also relinquishing his
share of roof right. It is also claimed that this document is also forged as the stamps
were purchased from Gurgaon and all the plaintiff and defendants No.3 & 4 are
resident of Faridabad. The plaintiff has no knowledge about the said settlement deed
was executed.
 The husband of the plaintiff visited the office of defendant No.1 and from there he
came to know that defendants No.3 & 4 had fraudulently produced some false
document and entered into a fresh agreement with defendant No.1 which was very
shocking for plaintiff and his family members.
 The plaintiff served a legal notice to defendant No.1 through counsel on 1-4-2022 for
payment, but the defendant No.1 has failed to give any reply.
 The plaintiff had also made a complaint to Commissioner of Police Sector-21C
Faridabad against the defendants No.3 & 4 on dated 11-1-2023 which was
investigated by the police and a closure report was filed on 3-4-2023 stating that the
nature of matter is civil.
 The impugned forged documents which were prepared by the defendants No.3 & 4
are false, frivolous, vexatious and null and void ab-initio for all intent and purposes.
 The plaintiff requested the defendants many a times to cancel the said forged
documents and disburse the rent to the plaintiff every month as per her share, but the
defendants firstly went on deferring the matter on one pretext to another and finally
refused on 5-7-2023, hence this is the date when final cause of action accrued in
favour of plaintiff and against the defendants which necessitated the institution of
present suit.

PRESENT CASE STATUS

 27.07.2023 : notice of the suit as well as application Under Order XXXIX Rule 1
and 2 read with Section 151 of the Code of Civil Procedure be given to the
defendant through ordinary process for 08.08.2023 on filing of PF, copies of
plaint etc. Dasti notice be given, if so desired, as per rules.
 08.08.2023: Notice issued to defendant no. 3 received back served. Hence,
defendant no. 3 is hereby proceeded against ex- parte.
 15.09.2023: Sh. Parshant Arora, Advocate has filed power of attorney on behalf of
defendant no. 1. defendant no. 4 is hereby proceeded against ex- parte.

At this stage, an application under Section 151 of CPC on behalf of defendant no.
2 i.e. vodafone idea Ltd. Seeking Complete copy of suit from the plaintiff filed.

 Next date of hearing: 09.11.2023

The case is adjourned to 09.11.2023 for filing reply to the above said application.