Anant Swaroop Sharma Vs. Union of India
EmailAppeal: Civil Appeal No. 4119 of 2000
(Arising out of SLP(C) No. 13618 of 1999)
(Arising out of SLP(C) No. 13618 of 1999)
Petitioner: Anant Swaroop Sharma
Respondent: Union of India
Apeal: Civil Appeal No. 4119 of 2000
(Arising out of SLP(C) No. 13618 of 1999)
(Arising out of SLP(C) No. 13618 of 1999)
Judges: K.T. THOMAS & R.P. SETHI, JJ.
Date of Judgment: Jul 21, 2000
Head Note:
CIVIL LAW
Civil Procedure Code, 1908
Order 37 – Suit by Telecom Department – Leave to defend declined – Various contentions raised. Held that leave is granted subject to deposit of Rs. 25,000 over and above Rs. 40,000 already deposited.
(Para 3)
JUDGEMENT:
ORDER
1. Leave granted.
2. The appellant was a subscriber of a telephone and a claim was made by the Telecommunication Department in a sum of Rs. 1,62,720/- against him. Appellant being defendant in the suit sought leave to contest the same on the premise that the suit under Order 37 is not maintainable and that the claim was highly inflated. But leave was declined by the trial court as per an order which appellant challenged before the district court in appeal. When the district court confirmed the order, the appellant went in second appeal before the High Court wherein the impugned order has been passed.
3. Learned Counsel for the appellant contended that he has got various
contentions to be raised against the claim made by the Telecommunication
Department. In the circumstances we are inclined to grant leave to the appellant to defend the suit. It is redundant to mention that once leave is granted, the appellant will have all rights to defend the suit under law. We record here that the appellant has already remitted a sum of Rs. 40,000/- towards the liability of telephone charges. Such a payment was made pursuant to an order passed by this Court, and we make it clear that it was only a provisional payment. In the interest of justice we deem it necessary that the appellant should be put to a further term for payment of an additional sum of Rs. 25,000/- over and above the abovesaid Rs. 40,000/-. Learned Counsel submits that the said further sum of Rs. 25,000/- will be remitted within six weeks from today. We make it clear that the leave granted is conditional on the appellant depositing the aforesaid Rs. 25,000/- with the department within six weeks from today. If he fails to deposit the said amount within the aforesaid time, he would forfeit the benefit granted by this judgment.
4. The appeal is disposed of accordingly.
1. Leave granted.
2. The appellant was a subscriber of a telephone and a claim was made by the Telecommunication Department in a sum of Rs. 1,62,720/- against him. Appellant being defendant in the suit sought leave to contest the same on the premise that the suit under Order 37 is not maintainable and that the claim was highly inflated. But leave was declined by the trial court as per an order which appellant challenged before the district court in appeal. When the district court confirmed the order, the appellant went in second appeal before the High Court wherein the impugned order has been passed.
3. Learned Counsel for the appellant contended that he has got various
contentions to be raised against the claim made by the Telecommunication
Department. In the circumstances we are inclined to grant leave to the appellant to defend the suit. It is redundant to mention that once leave is granted, the appellant will have all rights to defend the suit under law. We record here that the appellant has already remitted a sum of Rs. 40,000/- towards the liability of telephone charges. Such a payment was made pursuant to an order passed by this Court, and we make it clear that it was only a provisional payment. In the interest of justice we deem it necessary that the appellant should be put to a further term for payment of an additional sum of Rs. 25,000/- over and above the abovesaid Rs. 40,000/-. Learned Counsel submits that the said further sum of Rs. 25,000/- will be remitted within six weeks from today. We make it clear that the leave granted is conditional on the appellant depositing the aforesaid Rs. 25,000/- with the department within six weeks from today. If he fails to deposit the said amount within the aforesaid time, he would forfeit the benefit granted by this judgment.
4. The appeal is disposed of accordingly.
