Vijaysingh Jevandas Kapadia Vs. Gen. Manager, Mahanagar Telephone Nigam
EmailAppeal: Civil Appeal No. 556 of 1991
Petitioner: Vijaysingh Jevandas Kapadia
Respondent: Gen. Manager, Mahanagar Telephone Nigam
Apeal: Civil Appeal No. 556 of 1991
Judges: A.P. MISRA & RUMA PAL, JJ.
Date of Judgment: Jul 27, 2000
Head Note:
CONSTITUTION
Article 136 – Dispute over title of telephone with others – Previous telephone already recovered for non-payment of dues – Temporary connection granted by Court – Inter se dispute over title. Held that parties should not approach Supreme Court. However, temporary connection directed to be regularised, subject to fulfilment of terms & conditions.
(Para 2)
JUDGEMENT:
ORDER
1. Heard learned Counsel for the parties.
2. After going through the background of the litigation inter se between the appellant and the respondent nos. 3 and 4 in respect of title over the telephone connection of Smt. Puribal, deceased, we feel this is not one of those cases where the party should have approached this Court for this limited title. Looking into the background, we do not feel it appropriate to refer to the inter se dispute or adjudicate them in these proceedings or interfere with the impugned order. The contest is for the telephone no. 374451, the present number is 381848. Learned Counsel for respondent no. 1 states that aforesaid telephone no. 374451 is already recovered by respondent no.1 for non payment of bill on 8.8.1987.
3. However, we feel, since the appellant has already got the temporary connection consequence of the order passed by this Court, it would be in the interest of justice that the said telephone be regularised in the name of the appellant in terms of and in accordance with the rules prevailing now. To this learned Counsel for the respondent no. 1 has no objection. In case the appellant complies with the terms and conditions as per rules, respondent no. 1 will regularise his telephone, preferably within six months.
4. Accordingly, the present appeal is disposed of in terms of this order without entering into any other issues in this case. Costs on the parties.
1. Heard learned Counsel for the parties.
2. After going through the background of the litigation inter se between the appellant and the respondent nos. 3 and 4 in respect of title over the telephone connection of Smt. Puribal, deceased, we feel this is not one of those cases where the party should have approached this Court for this limited title. Looking into the background, we do not feel it appropriate to refer to the inter se dispute or adjudicate them in these proceedings or interfere with the impugned order. The contest is for the telephone no. 374451, the present number is 381848. Learned Counsel for respondent no. 1 states that aforesaid telephone no. 374451 is already recovered by respondent no.1 for non payment of bill on 8.8.1987.
3. However, we feel, since the appellant has already got the temporary connection consequence of the order passed by this Court, it would be in the interest of justice that the said telephone be regularised in the name of the appellant in terms of and in accordance with the rules prevailing now. To this learned Counsel for the respondent no. 1 has no objection. In case the appellant complies with the terms and conditions as per rules, respondent no. 1 will regularise his telephone, preferably within six months.
4. Accordingly, the present appeal is disposed of in terms of this order without entering into any other issues in this case. Costs on the parties.
