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2016 (6) TMI 1063

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..... s are not disputed it is meant that some transactions have taken place inside the State while the towers are located outside and the documents which are brought on record their existence is not disputed. - High to entertain the writ petition and decide the matter. - Writ Petition(Civil) No.1055/2013, W.P.(C) No. 1057/2013, W.P.(C) No. 11, 31, 69, 159, 212/2014, W.P.(C) No. 521, 524, 525, 511, 732/2015, W.P.(C) No. 66, 91/2016, SLP(C) No. 7052, 7054, 7015, 7066/2014, SLP(C) No. 37754, 37727, 31804/2013 - - - Dated:- 22-4-2016 - MR. DIPAK MISRA AND MR. SHIVA KIRTI SINGH, JJ. SLP(C) No. 31804/2013, SLP(C) No. 4609-4611/2016, S.L.P.(C)...CC No. 5014/2016 For The Petitioner : Mr. F.S. Nariman, Sr. Adv., Mr. Sunil K. Jain, Adv., Mr .....

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..... 06 (for short the Act ) is available. Ordinarily we would have accepted the view taken by the High Court that an alternative remedy being available the writ petition could not be entertained. However, the issues that have been raised here being different we take note of the same. It is submitted by learned senior counsel appearing for the appellant that the High Court has declined to interfere and decided the matter without going into the merits of the case simply on the ground that alternative remedy is available and no questions of law are involved without appreciating the fact that in actuality there are more than three pure questions of law that arise for consideration in the present case. It is submitted by Mr. Nariman that the iss .....

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..... hich include documents are not disputed. When we say that facts are not disputed it is meant that some transactions have taken place inside the State while the towers are located outside and the documents which are brought on record their existence is not disputed. In view of the aforesaid, the appeals are allowed and the order passed by the High Court is set aside and the matters are remitted back to the High Court. The High Court is requested to dispose of these appeals within six months from the date of passing of this order. Interim orders passed by this Court shall remain in force till the disposal of these appeals by the High Court. No order as to costs. WRIT PETITION (C) NO.1055 OF 2013, WRIT PETITION (C) NO.1057 OF 2013 .....

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