HIRA SINGH THAKUR Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has arisen out of an order passed by the Senior Sub -Judge, Simla, on September 21, 1981, rejecting the objections filed by the appellant and refusing to set aside the award made by the Arbitrator on August 6, 1980.

(2.) Briefly stated the facts are like this i A telephone No, 203, from Mashobra Exchange in Simla district, was installed in the month of September, 1967 in the residential house of the appellant situate in his orchard within Gram Panchayat Darbhog On June 4, 1973, a request was made by the appellant to shift the said telephone to another building located on the road side curtailing the distance by 2 Kms. from the Exchange. After shifting the telephone to another building, on October 1. 1973, rental bill at enhanced rate of Rs. 410 instead of original rental of Rs. 230 per quarter, for the period from October 16, 1973 to January 15, 1974, was sent to the appellant for payment, The appellant on receipt of this rental bill raised a dispute by sending communications to the respondents. As the appellant failed to make the payment of the bill, the telephone was disconnected on November 1, 1974, It may be mentioned here that the appellant had two other telephone connections at Simla and when a grievance was made by him to the respondents, he was threatened that these telephones would also be disconnected. At this stage, a civil suit was filed by the appellant on October 7, ?974 against the respondents for recovery of Rs. 10,200 as damages and for issuance of mandatory injunction directing the respondents to restore the telephone connection of telephone No. 203 (Mashobra Exchange) on payment of charges deducting the distance of 2 Kms. from the previous bills and further prayed for grant of prohibitory injunction restraining the respondents from disconnecting* the two telephone connections located in Simla town.

(3.) The suit was resisted by the respondents by taking a plea that it was not maintainable and that the remedy of the appellant, if any, was to resort to arbitration, as provided in section 7 -B of the Indian Telegraph Act, 1885 (Act No. 13 of 1885) (briefly the Act). During the pendency of the suit, on July 24, 1976, a statement was made by the plaintiff that he had no objection in case the dispute is referred to the Arbitrator. In view of this statement, the proceedings in the civil suit were stayed on the basis of an order made by the Senior Sub -Judge on July 24, 197o and a dispute in terms of section 7 -B of the Act was referred by the respondents for arbitration. On October 28, 1978, award was made by the arbitrator, which was set aside by the Senior Sub -Judge, Simla, on August 20, 1979, and the same was remitted with a direction to resubmit the same. Fresh award was made on August 6, 1980 by Shri K. L. Malhotra, Director Postal Services, North West Circle, Simla, in the following terms: I award that an amount of Rs. 344.60 (Rs. Three hundred forty four and paise sixty only) is payable by Shri Hira Singh Thakur to the Telegraph Authority as charges in respect of telephone No. MBA -203. This is without adjustment of any security which he might have deposited with the telephone department On payment of these charges Shri Hira Singh Thakur will be entitled to restoration of the telephone connection on the same terms and conditions which applied to it at the time of disconnection".