UNION OF INDIA Vs. NARAYANBHAI KESHAVLAL PATEL

JUDGEMENT

(1.) Appellant No. 1 is the Union of India and appellant No. 2 is the General Manager (Telephones) Ahmeda- bad. They are the original defendants in Civil Suit No. 608 of 1984 filed by the present respondent in the City Civil Court Ahmedabad.

(2.) Present respondent Naranbhai Keshavlal Patel is the subscriber of two telephone connections viz. Nos. 67869 at his residence and 68223 at his shop. He received a notice dated 6-2-1984 under Section 421 of the Indian Telegraph Rules 1951 (herein-after referred to as `the Rules) from the respondents intimating him that both his telephones would be disconnected on the expiry of seven days. The said notice did not contain any reason for the alleged disconnection.

(3.) On receipt of the said notice the respondent-plaintiff filed the afore-said suit. Alongwith the said suit he also took out a Notice of Motion for an injunction to restrain the defendants from disconnecting the said telephones. The notice regarding the hearing of the said Notice of Motion was served on the defendants. Before the notice of motion was heard both the telephones were disconnected and therefore the plaintiff prayed for a mandatory injunction to direct defendant No. 1 Telephone Engineer Phones to reconnect both the telephones. It appears that no affidavit was filed by the defendants. The learned Judge of the City Civil Court after hearing both the parties by his order dated 6 directed the defendants to reconnect both the aforesaid telephones within three days of his order. I am told at the Bar that thereafter the period for reconnection was extended upto 16 In the meantime the de- fendants filed the present appeal from order in this Court on 13 and obtained ad interim relief in terms of para 8-A of Civil Application No. 1967 of 1984.