MAN SAROVAR HOTEL Vs. TELECOM DIST MANAGER KAMRUP TELECOM DISTRICT GUWAHATI

JUDGEMENT

(1.) The proceeding is directed against the notice issued by the Accounts Officer (TR), office of the Telecom District Manager, Kamrup Telecom District, Guwahati, expressing its intention to invoke Rule 443 of the Indian Telegraph Rules 1951.

(2.) The petitioner is a subscriber of Telephone bearing No. 34337 and the petitioner is regularly paying the rent and other charges of the telephone services relating to the aforesaid telephone and there is no outstanding dues against the said telephone which is used for the business purpose of the petitioner. The Telephone No. 34337 stands in the name of Man Sarovar Hotel and Restaurant, and the petitioner moved this Court being aggrieved by the communication No. TRA/DFT/GH-33211/4 dt. 25.6.93 for payment of out-standing telephone bills in respect of Telephone No. 33211 standing in the name of Nandalal Sharma. The full text of the notice is extracted below:

(3.) The Respondents Nos. 1 and 2, i.e. the Telecom District Manager, Kumrup Telecom District, Guwahati, as well as the Accounts Officer (TR), submitted a joint affidavit denying and disputing the plea of the petitioner. The Respondents disputed the fact that the petitioner as a firm registered under the Indian Partnership Act and that it asserted that Sri Nandalal Sharma at all relevant time was the sole proprietor of Mansarovar Hotel, who is also the subscriber of Telephone No. 33211. The Department annexed the application No. 3427 dt. 4,3.S5, which is Marked as Annexure-1 to show and establish that the Telephone No. 33211 was installed on the application of Shri NandalaL Sharma, which he required for Manasarovar Hotel, Fancy Bazar. The relevant averment to this effect is given below: