PATEL EXPORT COMPANY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present petition has been filed by the petitioner under Articles 14 and 226 of the Constitution of India as well as under Indian Telegraph Act, 1885 (hereinafter referred to as 'the Act') on the grounds stated in the petition for the following prayers:

(2.) HEARD learned Advocate Shri Dhaval M. Barot for learned Advocate Shri D.F.Amin for the petitioner and learned Advocate Shri Ketan A. Dave for Respondent No.2.

(3.) THE reply has been filed by the Respondent No.2 referring to the provisions of Section 7(B) of the Act as well as the law laid down by this High Court in case of Govindbhai P. Chovatiya V. Gujarat Telecom Circle, reported in 1995 (2) GLH 1041. It has been stated in the said affidavit inreply that as the telephone was having STD facility and the petitioner who had filed the suit earlier has not raised any such dispute that the petitioner had applied for disconnection of STD facility and therefore it cannot now take up such contention. It is also contended that the petitioner has to make out the case of judicial review against the impugned award by the arbitrator, who has in his award examined the facts. Thus, the present petition may not be entertained.