UNION OF INDIA Vs. FIRM RAMCHAND NARAINDAS

JUDGEMENT

(1.) Respondent herein, a telephone subscriber who received a bill for telephone charges, which according to him, was not correct or proper, filed a suit for a declaration to that effect and for consequential injunction restraining disconnection of the telephone facility. On the date fixed for appearance of the defendants, the telephone department, the defendant, filed an application contending that plaintiff has raised a dispute coming within the operation of S. 7-B of the Indian Telegraph Act, 1885 and, therefore, the dispute should be referred to arbitration. The Court held that provisions under Sec. 7-B are not attracted and accordingly dismissed the application. The dismissal of the application is challenged in this appeal.

(2.) The averments in the plaint have been read before me. The contention of the plaintiff is that the meter reading shown in the telephone bill served on him is not the reading of the meter of his telephone, that the bill has been prepared on the basis of meter reading relating to some other telephone and that his meter has not been correctly read.

(3.) Section 7-B of the Indian Telegraph Act, 1885 reads thus :