UNION OF INDIA Vs. BINANI CONSULTANTS P LTD

JUDGEMENT

(1.) This is an appeal against the judgment dated 19th of August, 1993, allowing the writ application and directing the appellant to reconnect the telephone lines of the respondent which were disconnected for non-payment of Pay Phone bills, and to accept the call charges on the basis of original agreement. The appellants were also restrained from reducing the rate of commission of the writ petitioner/opposite parties. Further, the appellants have been restrained from reducing the billing period from monthly to fortnightly and from charging any additional security deposit except in accordance with the terms and conditions of the agreement in question.

(2.) The writ petitioner/opposite parties entered into an agreement with the Calcutta Telephone authorities for the purpose of acting as Operating Agency in respect of pay phones in the city of Calcutta. The relevant provision of the said agreement is as follows :

(3.) Several pay-phones have been allotted to the writ petitioner/opposite parties under the agreement. The licence was also granted for this purpose by the appellants allegedly in exercise of the powers conferred under Sub-section 2 of Section 4 of the Indian Telegraph Act, 1885. The terms and conditions of the licence are given in Annexure 11A to this licence. The said licence, inter alia, provides as follows :