UNION OF INDIA Vs. SASI S

JUDGEMENT

(1.) This C.R.P. is filed against the order on issue No. 1 in O.S. 60/1997 on the file of the II Additional Munsiff's Court, Neyyattinkara. The suit was filed for a mandatory injunction for direction to the defendants to appoint an Arbitrator to settle the dispute with regard to the telephone bills issued to the plaintiff. According to the plaintiff, he was a subscriber to telephone No. 223184 of Neyyattinkara Telephone Exchange. Certain bills issued to the plaintiff were excessive. So, as per notice dated 27.9.1996, the plaintiff demanded the defendant, viz., the General Manager, Telecom, Trivandrum, to settle the dispute with regard to the telephone bills issued to him under S.7B of the Indian Telegraphs Act Since the defendant did not respond to this, the suit was filed.

(2.) The defendant filed a written statement taking many contentions, one of the contentions being that the suit is not maintainable. This was considered as the preliminary issue and the Court has held that the suit is maintainable. It is against that the present revision is filed.

(3.) S.7B of the Indian Telegraphs Act is as follows:-