UNION OF INDIA Vs. SHAH TRANSPORT COMPANY

JUDGEMENT

(1.) The matter was called out for hearing in the first round then in the second round and lastly in the third round but none put appearance for the respondent. Heard the learned counsel for the petitioner and perused the special civil application.

(2.) Challenge has been made by the petitioner by this special civil application to the order of the learned Assistant Judge, Jamnagar passed in Mics. Civil Appeal No. 90/84 confirming the injunction granted by the learned Civil Judge (S.D.), Jamnagar below Ex.6 in Regular Civil Suit No. 427/83 whereby the petitioner has been restrained from recovering the excess of Rs. 100/- even though the meter reading show that calls were made excess than Rs.100/-.

(3.) The respondent on his request was provided with a public telephone at his shop by the petitioner along with coin collection box. An agreement was entered into between the parties on 19.11.1981. Condition 9 of the said agreement provides that a party of the second part guarantees local call revenue of Rs. 100/- per month in case of private CCB, P.C.O. and Rs. 200/- per month in the case of P.C.O. with ordinary H.M.T. instrument. Clause-10 of the said agreement provides that a party of the second part shall be liable to pay the Government call charges as per the number of call meter at the local call rate as amended from time to time. As per the aforesaid agreement the respondent was required to pay minium Rs. 100/- per month if the call meter shows less than Rs. 100/-. If the call meter exceeds Rs. 100/- then he has to pay as per the actual meter reading. The petitioner demanded Rs. 1809-80 from the respondent under the bill dated 25th March, 1983 which has been disputed by the respondent. He challenged that demand by filing Regular Civil Suit No. 427/83 in the Court of Civil Judge (S.D.) Jamnagar. Along with the said suit he filed an application for grant of temporary injunction and the Trial Court passed an order on 28th April, 1983 that, "Ad Interim injunction is granted subject to the condition that palintiff should deposit with the department minimum charges of Rs. 100/- per month as outstanding till the objections are filed". The petitioner preferred an appeal against the said order and the appeal came to be dismissed under the order dated 19th April, 1985. Hence, this special civil application.