JUDGEMENT
BHARAT BHUSHAN PARSOON, J. -
(1.) BEING aggrieved of demand raised in pursuance of the impugned bills by the respondents with respect to telephone connection No.216577, installed
at his premises, the petitioner seeks quashing of arbitration proceedings
and Award passed therein on 04.03.1997 (Annexure P -4). A writ of mandamus
is also sought against respondent No.2 not to disconnect the said
telephone connection being used in the premises of the petitioner.
(2.) ISSUING notice of motion on 23.04.1997, the petitioner had been asked by this Court to deposit half of the amount demanded by the respondents.
Thereafter, while admitting the petition on 19.01.1998, the demand in
pursuance of the impugned bills was stayed. The impugned bills pertained
to two spells i.e. from September to November 1995 for an amount of
Rs.1,37,689/ - and from November 1995 to January 1996 for an amount of
Rs.1,07,422/ -.
Claim of the petitioner is that this time demand raised by the respondents vide two impugned bills is exorbitant as earlier he had been
receiving telephone bills on an average of about Rs.1500/ - per month. It
is further averred that such exorbitant bills could not have emerged by
genuine use of the telephone connection of the petitioner and his family
members, who have allegedly been frugal in using the same.
(3.) PER contra version of the respondents is that on representation made by the petitioner to the department of telecommunication , the matter was
looked into. On demand of the petitioner, an Arbitrator was appointed,
who after going into the details of the bills and record had rendered
Award on 09.04.1996 (Annexure P - 1) but the petitioner did not accept
even the said verdict. Lastly, dismissal of writ petition has been sought.;
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