EQUIPMENT BANGALORE Vs. GENERAL MANAGER BANGALORE TELEPHONES BANGALORE

JUDGEMENT

(1.) THE petitioner-firm is aggrieved by the action of the respondent in disconnecting the telephone bearing No. 368269 owned by the petitioner-firm, for alleged dues relating to telephone No. 341265 belonging to the mother of one of the partners of the petitioner-firm.

(2.) THE learned Counsel for the petitioner submits that the telephone belonging to the petitioner-firm cannot be disconnected, as there are no dues on the said telephone. He further submits that even if there are any dues relating to the telephone belonging to the mother of one of the partners, the same cannot be taken to be an amount due from the petitioner-firm and the telephone belonging to the petitioner-firm cannot be disconnected.

(3.) LEARNED Standing Counsel for the respondent relying on Bhagwanji Devarqj v Union of India, submitted that if there are any dues relating to the telephone belonging to a firm, the telephone belonging to one of the partners of the firm can be disconnected. In the case on hand, there are no dues of the petitioner-firm relating to No. 368269 which was disconnected. The alleged dues relate to the mother of one of the partners of the firm, which cannot be passed on to the firm. Firstly, the mother is not one of the partners and her dues cannot be attributed to the firm. Secondly, the partner himself is not in arrears of any telephone charges. Therefore, it is clear that the telephone of the petitioner-firm cannot be disconnected for the dues relating to the telephone belonging to the mother of one of the partners. The decision relied on by the learned Counsel has no application to the facts and circumstances of this case.