UNION OF INDIA Vs. SARUP SINGH JOHAR

JUDGEMENT

(1.) THIS revision petition seeks to challenge the judgment dated 6.10.1998 passed by the District Judge, Ambala, by which the Civil Misc. Appeal against the order dated 21.1.1997 passed by the Civil Judge (Senior Division), Ambala, rejecting the application under Order 39 Rules 1 and 2, C.P.C. was accepted.

(2.) THE facts of the case which are not in dispute are that respondent Sarup Singh Johar had challenged the correctness of three telephone bills dated 1.8.1992, 1.10.1992 and 1.12.1992 before the District Consumer Disputes Redressal Forum. The said Forum had on 8.6.1993 on the statement of counsel for the parties referred the dispute to the Arbitrator under Section 7B of the Indian Telegraph Act. It has also directed that till the Award of the Arbitrator is received, the telephone connection should not be disconnected.

(3.) THE suit as well as the application was contested on the ground that the Civil Court had no jurisdiction to entertain and try the suit because the matter in question had already been adjudicated upon by the Arbitrator and the Award is final. The trial Court had after taking into consideration the various arguments before it, rejected the application for interim stay which was filed along with the suit and this rejection has occasioned the filing of Civil Misc. Appeal against the order before the District Judge. The learned District Judge had after hearing the submissions put forth by the learned counsel came to the conclusion that the view taken by the Court below was not justified and it allowed the application under Order 39 Rules 1 and 2, C.P.C. and stayed the recovery of the amount of Rs. 13,261/- which was due. The Union of India and General Manager, Telecom Department have come up in revision.