Kerala High Court
A.Abdullaaged 62 Years vs The General Manager Telecom on 26 May, 2014
Author: K.M. Joseph
Bench: K.M.Joseph, A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALAATERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.M.JOSEPH
&
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
WEDNESDAY,THE 9TH DAY OF JULY 2014/18TH ASHADHA, 1936
WA.No. 914 of 2014 () IN WP(C).26121/2011
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AGAINST THE JUDGMENT IN WP(C) 26121/2011 of HIGH COURT OF KERALA DATED 26-05-2014
APPELLANT(S)/APPELLANT/PETITIONER:
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A.ABDULLAAGED 62 YEARS
S/O. KUNHAMMED, AYOLI KUNNAKKAT HOUSE, OORAKAM P.O.
OORAKAMM MELMURI, THIROORANGADI, MALAPPURAM DISTRICT.
BY ADVS.SRI.BABU S. NAIR
SRI.K.RAKESH
RESPONDENT(S)/RESPONDENTS/RESPONDENTS:
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1. THE GENERAL MANAGER TELECOM
B.S.N.L., TRA UNIT, K.P.M. BUILDING
CALICUT ROAD, DOWNHILL, MALAPPURAM-676519.
2. THE DIVISIONAL ENGINEER (UDAAN)
O/O. THE GENERAL MANAGER, TELECOM
BHARATH SANCHAR NIGAM LIMITED,
MALAPPURAM-676519.
R1 & 2 BY ADV. SRI.MATHEWS K.PHILIP,SC, BSNL
SR. GOVERNMENT PLEADER SRI. P.IDAVIS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09-07-2014,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sou.
K. M. JOSEPH & A.K.JAYASANKARAN NAMBIAR, JJ
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W.A. No. 914 of 2014
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Dated this the 9th day of July, 2014
J U D G M E N T
K.M. Joseph, J Appellant is the Writ Petitioner. The appellant filed the Writ Petition challenging Ext.P1 to P4. Ext.P1 is the award passed under section 7(B) of Indian Telegraph Act, 1985. Ext.P2 is the demand notice. Exts.P3 and P4 are the revised bills under revenue recovery proceedings.
2. The case of the petitioner in brief is as follows :
The petitioner was a subscriber of ISDN PRI line with consumer No.6249595 in BSNL Malappuram SSA with telephone No.0483-2739902. The connection was given on 6.6.2008 as per 'Super Mega Plan', in which a free call for the value of Rs.1,00,000/- can be availed when minimum calls is more than the value of Rs.3,00,000/- per month. Earlier, in connection with the initiation of recovery proceedings by the respondents, the petitioner approached this Court and this court granted a conditional order of stay and relegated the petitioner for arbitration provided under Section 7(B) of the Indian Telegraph WA.No.914/14 2 Act, 1985, as per the judgment in WP(c).No.34238/10 of this court dated 15.11.2010. The 2nd respondent conducted the arbitration and passed Ext.P1 award granting certain discounts and deductions. On enquiry the petitioner was informed that the respondents will issue a fresh bill showing the balance amount payable as per Ext.P1 award and on 7.9.2011 Ext.P2 demand notice and Exts. P3 and P4 revised bills were received by the petitioner showing a sum of Rs.1,54,051/- after granting discount of Rs.1,94,500/-.
3. The learned Single Judge took the view that award was not challenged in accordance with the procedure prescribed and therefore, the petitioner is under an obligation to pay the amount demanded. The petitioner was permitted to pay the balance amount in six equal installments starting from 1.6.2014. Feeling aggrieved, the appellant is before us.
4. We heard learned counsel for the appellant and learned counsel for the respondents.
5. Learned counsel for the appellant would submit that the appellant may be given some more time to pay of the installments.
6. Having heard learned counsel for the respondent also, we WA.No.914/14 3 are inclined to give some more time. We modify the judgment of the learned Single Judge and permit the appellant to pay the balance amount in six equal monthly installments starting from 1.8.2014. If any default is made in payment of any installment, the respondents are free to recover the amount.
Sd/-
K. M. JOSEPH, JUDGE Sd/-
A.K.JAYASANKARAN NAMBIAR, JUDGE.
Sou.
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