To
The Superintendent of Police,
District Rohtak,
Haryana
Subject: Application for taking legal action against Dharmender s/o
Teke Ram and Dharmender S/o Randhir Singh both
residents of village Meham, Tehsil Meham District Rohtak for
illegally blocking the passage to the tenanted premises and
not permitting the applicant company to remove its Tower,
goods and equipments from the premises bearing House no.
194/196, Village and P.O. Meham, Tehsil Meham District
Rohtak.
Sir,
The company M/s Ascend Telecom Infrastructure Pvt. Ltd is a
Company incorporated under the provisions of the Companies Act, 1956,
(earlier known as M/s India Telecom Infra Limited.) having its registered
office at Plot no.332, Mani Mansion, Defence Colony, Sainikpuri,
Secundrabad Telangana and its Branch/Circle Office at E-160, Industrial
Area Phase VII, Mohali has been granted registration by the Department
of Telecommunication, Ministry of Communication, Government of India
for providing infrastructure services to the Cellular Mobile Operators who
have been granted license under Section 4 of the Indian Telegraph Act.
It is pertinent to mention here that the company is engaged in the
business of installation, operation and maintenance of passive wireless
infrastructure as such as well as provision of relative services to Wireless
Telecommunication Operators in India.
2. That the company is engaged in the business of leasing of mobile
towers/pole sites to the cellular mobile operators in the State of Haryana.
In pursuance to the business of the company, the company has entered
into an agreement with the owner of the property namely Dharmender s/o
Teke Ram and Dharmender S/o Randhir Singh, vide license agreement
dated 29.06.2008. M/s Ascend Telecom Infrastructure Private Limited
had in company petition No. 130 of 2011 dated 21.12.2011 filed before
the Hon’ble High Court at Andhra Pradesh had amalgamated the
business of prior company i.e. M/s India Telecom Infra Limited with whom
license deed dated 29.06.2008 was executed by the above said persons
for use of property situated at House No. 194/196, VPO- Meham, Tehsil –
Meham, District –Rohtak (HR). In pursuance to the assurance and
promise to use the said property, the company had used the said
property for the installation of the cellular and microwave antenna other
related equipments and generator on the property situated at House No.
194/196, VPO- Meham, Tehsil – Meham, District –Rohtak (HR),
(hereinafter referred to as the “premises”). Further vide various terms of
the agreement, the above said persons have agreed to abide by the
terms and conditions of the license agreement.
3. That since the very beginning to the agreement the above said
persons were not permitting the smooth function of the tower and had
time and again restricted the access to the tower. Even necessary repairs
were not allowed to be conducted by the above said persons on the tower
in question. Thus, the company was forced to serve a legal notice dated
14.12.2017 upon the above said person through their advocate, whereby
above said persons were called upon to give the access to the tower.
That since the above said persons have not permitted the smooth
functioning of the tower and as such the company was forced to serve
termination notice dated 19.6.2017 upon the above said persons whereby
the license agreement dated 29.6.2008 was terminated and 30 days
notice was served upon the above said persons by the company. After
the issuance of the termination notice dated 19.6.2017 when the
representatives of the company went to the site for removal of the tower
and other equipment they were not permitted to enter the site despite
repeated requests and reminders. Subsequently also various attempts
were made by the representatives of the company to remove the tower
and other equipment from the site but each and every item the above
said persons had threatened the employee/representative of the
company with dire consequences in case they entered the premises. As
such the representatives of the company feeling threat to their life had
returned back from the site.
4. That as the repeated requests and reminders made by the
company to the above said persons to permit the representatives of the
company to remove the tower and other equipments had not yielded any
result and as such the company is constrained to approach your goodself
to grant police protection to the company in order to enable the company
to remove the tower and other equipments as installed at the site.
5. That the company is always making the payment of the rent as due
towards the above said persons and is also ready and willing to make the
payment of the arrears/dues if any, in order to enable the peaceful
resolution for the dispute with the above said persons.
You are therefore, requested to kindly look into the matter and
grant police protection to the company in order to enable the
representatives of the company to remove the tower and other
infrastructure installed on the above said premises. We shall be highly
thankful to you.
For M/s Ascend Telecom Infrastructure Pvt. Ltd
Authorised Signatory
E-160, Industrial Area Phase VII,
Mohali
