INDRAVADAN PRANLAL SHAH Vs. GENERAL MANAGER AHMEDABAD TELEPHONES

JUDGEMENT

(1.) The petitioner seeks a direction to quash and set aside the notice of disconnection of the petitioners telephone No. 445764 ant also wants that Rules 421 & 443 of Indian Telegraph Rules 1951 be struck down as violative of the principle of natural justice.

(2.) The petitioner is a partner of M/s. Sukan Chemicals. That partnership firm is a subscriber of other telephones namely 830532 and 830533 In respect of both these telephones unpaid outstanding dues are Rs. 69335.00 as per telephone bills dated 1-11-1988 and 1-1-1989. Since these amounts were not paid in spite of sufficient time having been granted to make the payment both these telephones of the firm were disconnected on 12-12-1988.

(3.) Thereafter a notice was issued to the firm on 6-1-1989. A similar notice dated 16-1-1989 was addressed to the petitioner partner by name and therein it was stated that for the non-payment of the telephone dues of the firm the personal telephone of the petitioner is also liable to disconnection if the dues of the telephones of the partnership firm were not paid. This was replied by the petitioner on 27 and it was stated that the factory was not working since November 1989 as one of its main partner Dr. S. P. Shah had expired in the air crash on 19-10-1988 and there were stringent financial difficulties. It was also stated that negotiations with a few parties for arranging necessary finance were going on and were hopeful of restarting the factory within a fortnight and therefore request was made to grant suitable instalments to make payment of the bills. It was stated that payment could be started from March 1989 and shall repay the full amount in four equal instalments and request was made not to take any other action during this period.