Kerala High Court
Paragon Polymer Products (Pvt)Ltd vs Bharat Sanchar Nigam Ltd on 28 March, 2019
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY ,THE 28TH DAY OF MARCH 2019 / 7TH CHAITHRA, 1941
WP(C).No. 9654 of 2019
PETITIONER/S:
PARAGON POLYMER PRODUCTS (PVT)LTD.,
P.B.NO.61, PARAGON BUILDINGS, SREENIVASA IYER ROAD,
CHALAKUNNU, KOTTAYAM-686 001,
REPRESENTED BY ITS MANAGING DIRECTOR
SAJAN K. THOMAS.
BY ADV. SRI.MATHEW JOHN (K)
RESPONDENT/S:
BHARAT SANCHAR NIGAM LTD.,
OFFICE OF THE PRINCIPAL GENERAL MANAGER, TELECOM,
KOTTAYAM-686 001.
SRI MATHEWS K PHILIP, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 9654 of 2019
JUDGMENT
Apparently, the challenge made in this writ petition is with respect to Exts. P4 to P7 telephone bills issued by the respondent. There is a clear remedy available to the petitioner as per Section 7B of the Indian Telegraph Act, 1885 (herein after called Act, 1885). Therefore, petitioner will have to proceed with the said remedy. However, learned counsel appearing for the petitioner submitted that, the respondent is threatening to disconnect the service connection provided to the petitioner.
2. In that view of the matter, this writ petition is disposed of, leaving open the liberty of the petitioner to approach the authority as per Section 7B of the Act, 1885, and the dis-connection threatened under the disputed notices will remain suspended till such time, on condition that the petitioner remits an amount of Rs.75,000/-(Rupees 3 WP(C).No. 9654 of 2019 seventy five thousand only), and submits an application in contemplation of law, within a month from the date of receipt of a copy of this judgment. I make it clear that the amount fixed as condition above, shall be paid by the petitioner within two weeks from today.
Sd/-
SHAJI P.CHALY JUDGE Hmh 4 WP(C).No. 9654 of 2019 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE TABULAR STATEMENT IN RESPECT OF THE TELEPHONES FOR THE PERIOD 1.4.2017 TO 31.03.2018.
EXHIBIT P2 TRUE COPY OF THE LETTER NO.PPPL/GEN/2018/050 DATED 17.3.2018 SUBMITTED BY THE PETITIONER TO THE G.M, BSNL REG.TEMPORARY BLOCKING OF I.S.D. EXHIBIT P3 TRUE COPY OF THE LETTER NO.PPPL/GEN/2018/052 DATED 17.3.2018 ISSUED BY THE PETITIONER TO G.M BSNL REG. BLOCKING OF I.S.D FACILITIES OF TELEPHONES.
EXHIBIT P4 TRUE COPY OF THE TELEPHONE BILL DATED 6.4.18 FOR RS.1,47,246/-
EXHIBIT P5 TRUE COPY OF THE TELEPHONE BILL DATED 6.4.18 FOR RS.1,64,249/-.
EXHIBIT P6 TRUE COPY OF THE TELEPHONE BILL DATED 6.4.18 FOR RS.1,36,304/-.
EXHIBIT P7 TRUE COPY OF THE TELEPHONE BILL DATED 6.4.18 FOR RS.1,31,169/-.
EXHIBIT P8 TRUE COPY OF THE LETTER NO.PPPL/GEN/2018/072 DATED 25.4.2018 SUBMITTED BY THE PETITIONER BEFORE THE G.M.BSNL.
EXHIBIT P9 TRUE COPY FO THE LETTER NO.TR KTM/OS/PARAGON/2018-19/3 DATED 31.5.18 ISSUED BY THE CHIEF ACCOUNTS OFFICER BSNL TO THE PETITIONER.
EXHIBIT P10 TRUE COPY OF THE LETTER DATED 17.7.2018 SUBMITTED BY THE PETITIONER TO THE C.I. OF POLICE REG. I.S.D CALLS.
EXHIBIT P11 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 17.7.2018 OF THE KOTTAYAM WEST 5 WP(C).No. 9654 of 2019 POLICE STATION.
EXHIBIT P12 TRUE COPY OF THE LETTER DATED 21.7.2018 SUBMITTED BY THE PETITIONER BEFORE THE CHIEF ACCOUNTS OFFICER, BSNL, KOTTAYAM. EXHIBIT P13 TRUE COPY OF THE LETTER NO.TR/KTM/PARAGON/2018-19/10 ISSUED BY THE CHIEF ACCOUNTS OFFICER, BSNL TO THE PETITIONER.
EXHIBIT P14 TRUE COPY OF THE LETTER NO.TR/KTM/PARAGON/2018-19/12 DATED 19.3.2019 ISSUED BY THE DY. GENERAL MANAGER (FIN), BSNL TO THE PETITIONER. RESPONDENT'S/S EXHIBITS: NIL