Allahabad High Court
Ajay Iron And Steel Works, Varanasi And ... vs Union Of India And Others on 18 November, 1998
Equivalent citations: 1998(4)AWC314, 1999 ALL. L. J. 594, 1999 A I H C 2073, (1999) 1 CIVLJ 624, (1999) 35 ALL LR 91, (1999) 4 ICC 26
Bench: M. Katju, S.L. Saraf
JUDGMENT
M. Katju and S.L. Saraf, JJ.
1. Heard Sri V. K. Shukla and Sri Atul Kumar Pandey for the etitioners and Sri Mohd. Isha Khan for the respondents,
2. The petitioners have prayed for quashing of the notice dated 2nd June. 1998 and for a mandamus directing the respondents not to disconnect four of his telephones. Learned counsel for the petitioners has stated that those telephones have already been disconnected. Now he has prayed for restoration of those telephone connections.
3. It appears that petitioner No. 2 Vijay Kumar Gupta was a partner in the firm Lala Sukhdev Ram Rolling Mills and there was a telephone connection No, 348597 in the name of that firm. Obviously, since the petitioner No. 2 was a partner in the said firm, he is liable to pay the telephone bills of the firm since under Section 25 of the Partnership Act. each partner is individually and severally liable.
4. Learned counsel for the petitioner urged that the other telephone connections bearing Nos. 370077, 342619, 340440 and 371440 are in the name of petitioner and hence they could not have been disconnected for the dues against the firm Lala Sukhdev Ram Rolling Mills. We are not in agreement with this submission Rule 443 of the Indian Telegraph Rules states as follows :
"443. Default of payment,--If, on or before the due date the rent or other charges in respect of the telephone service provided are not paid by the subscriber in accordance with these rules, or bills for charges in respect of calls (local and trunk) or phonograms or other dues from the subscriber are not duly paid by him, any telephone or telephones or any telex service rented by him may be disconnected without notice. The telephone or telephones or the telex so disconnected may, if the Telegraph Authority thinks fit, be restored, if the defaulting subscriber pays the outstanding dues and reconnection fee together with the rental for such portion of the intervening period (during which the telephone or telex) remains disconnected as may be prescribed by the Telegraph Authority from time to time. The subscriber shall pay all the above charges within such period as may be prescribed by the Telegraph Authority from time to time."
5. The language of Rule 443 is very clear, if a person is in default in payment of telephone dues of one telephone, and if, he has any other telephone connection(s) also, the other telephone connections can also be disconnected in view of Rule 443. Since the petitioner was liable to pay the dues in respect of telephone No. 348597, hence, the other four telephone connections could also be disconnected. If however, the petitioner pays the telephone bill in respect of telephone No. 348597, the other telephone connections will be reconnected forthwith, provided he has paid the bills for those telephone connections also.
6. With the above observation, the petition is disposed of.