NIRMAL KUMAR SHARMA Vs. MAHANAGAR TELEPHONE NIGAM LIMITED

JUDGEMENT

(1.) The petitioner is the subscriber of telephone No. 2242635 which has been disconnected on 22.11.1994. He seeks restoration of the telephone connection. According to the petitioner the telephone has been disconnected for the recovery of some dues outstanding in respect of telephone No. 2227379 of Shri S.L. Sharma, the earlier subscriber of the petitioner's telephone. It is submitted that the petitioner's telephone cannot be disconnected for recovery of such dues.

(2.) According to the respondent, the petitioner has not come to the court with clean hands . He has distorted the facts and made material concealment of important and relevant facts. It is pointed out that Shri S.L, Sharma was the subscriber of telephone No. 2242635. Shri S.L. Sharma is the father of the petitioner and both are living in the same house. At one point of lime telephone No. 2242635 and 2227395 were both in the name of Shri S.L, Sharma. He had defaulted in making the payment of Rs. 23061.00 outstanding against telephone No. 2227395. As per rule 443 of the Indian Telegraph Rules both the telephone connections of Shri S.L. Sharma were liable to be disconnected for recovery of dues against any one of the two telephone connections, When Shri S.L. Sharma was asked to make the said payment and threatened with disconnection, he requested for facility of payment by instalments which was allowed. The first instalment was paid piecemeal on 12.1.94 and 17.1.94. The second instalment falling due in Feb 94 was not paid as a result of which telephone No. 2242635 was also disconnected,

(3.) Telephone No. 2227395 was given to Shri S.L. Sharma as PCO. He had collected money in question from the persons (used as PCO) who were allowed to make calls from the telephone. The correctness of the outstanding against telephone No.2227395 was also not disputed at any lime by Shri S.L. Sharma.