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2013 Supreme(Ker) 384

K.M.JOSEPH, K.HARILAL
Indus Towers Ltd. – Appellant
Versus
Sub Inspector of Police – Respondent


Advocates Appeared:
For the Petitioner:V. Philip Mathew, Advocate.
For the Respondent:P. Parameswaran Nair, Asst. Solicitor General of India, K.M. Jamaludheen, Latha Prabhakaran, M.K. Aboobacker, Advocates.

Judgment :

K. Harilal, J.

1. Is an unregistered document which is required to be registered under S.17 of the Registration Act an invalid document for all purposes? If not what are the purposes for which such document can be availed of? These are the larger issues that arise for consideration in this Writ Petition.

2. Briefly put, the facts of the case is as follows:

The Petitioner is a leading Mobile Tower Company in India incorporated under the Companies Act, 1956. Ext.P1 is the certificate of incorporation issued by the Assistant Registrar of Companies. The company is a registered infrastructure provided duly licensed by the Department of Telecommunication. Ministry of Communications & I.T., Government of India engaged in the business of providing telecommunication infrastructure which includes erection of towers for various mobile telecommunication service providers. Ext.P3 is a copy of the registration certificate issued by the Ministry of Communications & I.T., Department of Telecommunications. The Company has been promoted under a joint venture between Bharati Group (Airtel), Vodafone, Aditya Birla Telecom (Idea) to render passive infrastructure services to telecom service p








































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