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Bombay High Court

Pune Municipal Corporation And Ors. vs Viom Infra Network Maharashtra Ltd. And ... on 12 September, 2025

Author: G. S. Kulkarni

Bench: G. S. Kulkarni

                                                                    905.IA.2055.2021.DOC



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                     INTERIM APPLICATION NO.2055 OF 2021
                                     IN
                        WRIT PETITION NO.2678 OF 2017

Pune Municipal Corpn and others                                       Applicants
            Versus
Vodafone Mobile Services Limited                                      Respondent

                                    WITH
                     INTERIM APPLICATION NO.2068 OF 2021
                                     IN
                        WRIT PETITION NO.2561 OF 2015

Pune Municipal Corpn and others                                       Applicants
            Versus
VIOM Infra Network Maharashtra Ltd and another                        Respondents

                                    WITH
                     INTERIM APPLICATION NO.2051 OF 2021
                                     IN
                        WRIT PETITION NO.2679 OF 2017

Pune Municipal Corpn and others                                       Applicants
               Versus
Bharti Airtel Ltd and others                                          Respondents

                                    WITH
                     INTERIM APPLICATION NO.2050 OF 2021
                                     IN
                         WRIT PETITION NO.417 OF 2017

Pune Municipal Corpn and others                                       Applicants
            Versus
Ascend Telecom Infrastructure Pvt.Ltd.                                Respondents

                                    WITH
                     INTERIM APPLICATION NO.2057 OF 2021
                                     IN
                        WRIT PETITION NO.7327 OF 2009

Pune Municipal Corpn and others                                       Applicants
            Versus
IDEA Cellular Limited and others                                      Respondents


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                                                                     905.IA.2055.2021.DOC




                                    WITH
                     INTERIM APPLICATION NO.2052 OF 2021
                                     IN
                        WRIT PETITION NO.2698 OF 2017

Pune Municipal Corpn and others                                       Applicants
            Versus
TATA Teleservices (Maharashtra) Ltd and another                       Respondents

                                    WITH
                     INTERIM APPLICATION NO.2070 OF 2021
                                     IN
                        WRIT PETITION NO.557 OF 2015

Pune Municipal Corpn and others                                       Applicants
            Versus
IDEA Cellular Ltd and another                                         Respondents

                                    WITH
                     INTERIM APPLICATION NO.2054 OF 2021
                                     IN
                        WRIT PETITION NO.2515 OF 2017

Pune Municipal Corpn and others                                       Applicants
            Versus
Tower Vision India Pvt.Ltd and another                                Respondents

                                      WITH
                          WRIT PETITION NO.11190 OF 2018
                                      WITH
                       INTERIM APPLICATION NO.896 OF 2025
                                      AND
                     INTERIM APPLICATION NO.14966 OF 2023
                                      AND
                      INTERIM APPLICATION NO.2946 OF 2021
                                      AND
                       INTERIM APPLICATION NO.895 OF 2025
                                      AND
                        CIVIL APPLICATION NBO.136 OF 2019
                                       IN
                          WRIT PETITION NO.11190 OF 2018

Indus Towers Limited                                                  Petitioner
      versus
The Pune Municipal Corpn and others                                   Respondents


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                                                                       905.IA.2055.2021.DOC



                                      WITH
                         WRIT PETITION NO.7327 OF 2009
                                      AND
                      INTERIM APPLICATION NO.2057 OF 2021
                                      WITH
                        CIVIL APPLICATION NO.167 OF 2019
                                      WITH
                         CIVIL APPLICATION NO.21 OF 2017
                                      WITH
                        CIVIL APPLICATION NO.1656 OF 2012
                                      WITH
                     INTERIM APPLICATION NO.10636 OF 2025

Elever Digitel Infrastructure Pvt.Ltd and another                       Petitioners
              versus
Pune Municipal Corporation and another                                  Respondents

                                       WITH
                           WRIT PETITION NO.8929 OF 2018

Indus Towers Limited                                                    Petitioner
      versus
The Commissioner, Pune Municipal Corpn and others                       Respondents

                                    WITH
                         WRIT PETITION NO.557 OF 2015
                                     AND
                     INTERIM APPLICATION NO.2070 OF 2021
                                     AND
                       CIVIL APPLICATION NO.168 OF 2019
                                    WITH
                     INTERIM APPLICATION NO.10629 OF2025

Elevar Digital Infrastructure Pvt.Ltd and another                       Petitioners
              versus
Pune Municipal Corporation and another                                  Respondents

                                       _______
Mr. Aspi Chinoy, Senior Advocate a/w Ms. Sneha Jaisingh aw Ms. Jaidhara Shah
aw Mr. Zashank Mehta i/by Bharucha & Partners for the Petitioner in
WP/2678/2017 and for Respondent in IA/2055/2021.

Mr. Tushar Hathiramani aw Ms. Sneha Jaisingh aw Ms. Jaidhara Shah aw Mr.
Zashank Mehta aw Mr. Esham Karanjikar i/by Bharucha & Partners for the
Petitioner in WP/2679/2017



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                                                                              905.IA.2055.2021.DOC



Mr. Sugandh Deshmukh for the Petitioner in WP/11190/2018 and
WP/8929/2018, WP/4006/2024 and applicant in IA(ST)/10431/2025

Mr Himanshu Vidhani aw Mr. Rushab Chopra aw Mr Niket Dalal aw Ms. Shloka
Dikshit i/b Himanshu Vidhani C/o Chandhiok & Mahajan for the Petitioners in
WP/7327/2009, WP/557/2015, WP/2561/2015.

Mr. Amit Khairwar aw Mr. Prasad Dhande aw Ms. Swati Chandan i/by D.H. Law
Associates for Petitioners in WP/2698/2017.

Mr. Kanishk Ahuja aw Mr. Parikshit Desai aw Mr. Vipin R. Singh aw Ms. Neha
Khule for the Petitioner in WP/417/2017, WP/2515/2017, WP/2517/2017 and for
applicant in IA(L)/23219/2025

Mr. Anil Y. Sakhare, Senior Advocate aw Mr. Abhijit Kulkarni aw Mr. Vishwanath
Patil aw Ms. Nidhi Chauhan aw Mr. Akshay Naidu for Respondent PMC in
WP/2679/2017

Mr. A. A. Kumbhakoni, Senior Advocate aw Mr. Abhijit Kulkarni aw Mr.
Vishwanath Patil aw Ms. Nidhi Chauhan aw Mr. Akshay Naidu for Respondent
PMC in WP/2678/2017

Mr. Abhijit Kulkarni aw Mr. Vishwanath Patil aw Ms. Nidhi Chauhan aw Mr.
Akshay Naidu for for Respondent Corporation(PMC) WP/1932/2015,
WP/2515/2017,WP/417/2017, WP/557/2015 & WP/7327/2009 and Applicants
in IA/2050/2021, IA/2051/2021, IA/2052/2021, IA/2053/2021, IA/2054/2021,
IA/2055/2021, IA/2057/2021, IA/2068/2021, IA/2070/2021

Mr. P.P. Kakade,Addl.G.P. aw Ms. M.P. Thakur, AGP for the State.
                                            _______

                                    CORAM:       G. S. KULKARNI &
                                                 AARTI SATHE, JJ.
                                    DATE:        12th September 2025

P.C.

1. The proceedings are listed today for directions. They are required to be taken up for final hearing. Our attention is drawn to the order passed by co- ordinate Bench dated 1st August 2025 and more particularly para 8 thereof whereby proceedings pertaining to those Petitioners who are parties to the proceedings in the case of Ahmedabad Municipal Corporation Vs. GTL Page 4 of 5 Manish Thatte ::: Uploaded on - 15/09/2025 ::: Downloaded on - 19/09/2025 22:48:22 :::

905.IA.2055.2021.DOC Infrastructure Limited and others were to furnish copies of Writ Petitions/Transfer Petitions/SLP filed by them with the office of learned Advocate General. We are informed that such Petitioners are in the process of obtaining copies and some more time is sought as they have not furnished the copies so far.

2. In this view of the matter we adjourn the proceedings for two weeks. It is made clear that in the event copies are not made available by such time as agreed between the parties, the Court would then be required to proceed to hear the proceedings and pass appropriate orders. All contentions of the parties are kept expressly open.

3. We are informed that there are three petitions bearing Writ Petition Nos.2561 of 2015, 7327 of 2009 and 557 of 2015 which although pertain to the subject matter of the entire group, however, considering the present assignments notified by the Hon'ble the Chief Justice w.e.f 3rd September 2025, these matters would pertain to the assignment of a co-ordinate Bench. Learned counsel is required to take appropriate steps for listing the matters before appropriate Bench. Liberty to the Petitioners in WP Nos. 2561 of 2015, 7327 of 2009 and 557 of 2015 to move the Hon'ble the Chief Justice. Writ Petition Nos. 2561 of 2015, 7327 of 2009 and 557 of 2015 are removed from the board.

4. Stand over to 26th September 2025.

          (AARTI SATHE, J.)                          (G. S. KULKARNI, J.)




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