MAKHANI DEVI BANKA Vs. UNION OF INDIA

JUDGEMENT

(1.) Defendant-petitioner was a subscriber of a telephone receiver and ran into arrears of bills to the tune of Rs. 10,020. The Union of India has instituted a suit for recovery of the amount in the court of the learned Subordinate Judge at Sambalpur. Defendant challenged the maintainability of the suit relying upon the provision in Section 7-B of the Indian Telegraph Act and also relied upon a single Judge decision of this Court in the case of Nityananda Sahu v. Postmaster General, Orissa, Bhubaneswar, (1976) 42 Cut LT 1049 : (AIR 1977 Orissa 48). The learned Subordinate Judge took up the question of jurisdiction for determination preliminarily and has found against the defendant. This application is directed against the determination of the issue against her.

(2.) Section 7-B of the Telegraph Act, provides:--

(3.) In the reported decision it was conceded by counsel for parties that the dispute was one to which Section 7-B of the Act applied and, therefore, the ambit of Section 7-B of the Act was not considered. The dispute in the reported decision arose on account of disconnection of the telephone line for nonpayment of arrears of bills and plaintiff had sued for damages on account of disconnection. In the instant case, the claim arises out of use of the telephone and non-payment of the bills for such use.