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2018 Supreme(Kar) 116

KRISHNA S.DIXIT
Bharath Sanchar Nigam Limited – Appellant
Versus
Ahmed Sharief Abdul Gaffar Kamanagar – Respondent


Advocates Appeared:
For the Petitioner: Sri. M.B. Kanavi, Cgsc
For the Respondent: Sri. Girish Yadawad, Amicus Curiae

ORDER :

This revision petition by the plaintiff Bharat Sanchar Nigam Limited (for short ‘BSNL’) is directed against the judgment and order dated 27.06.2006 rendered by the Principal Civil Judge (Sr.Dn.), Hubballi in petitioner’s Small Cause Suit No.98 of 2003 whereby the suit is dismissed on the sole ground of limitation.

2. The brief facts stated are:

A. The revision petitioner Bharat Sanchar Nigam Limited is a Government Company as defined under Section 617 of Companies Act, 1956; the BSNL had instituted a civil suit on 27.09.2003 numbered as Small Cause Suit No.98 of 2003 seeking a money decree against the respondent defendant who having availed the facility of landline telephone bearing No.62550 had remained in arrears that had accumulated in a sum of Rs.16,738/- over the period of time;

B. The plaintiff BSNL had disconnected the telephone services w.e.f. 28.06.1999 on the ground that the defendant failed to clear the dues despite the demand notice dated 04.01.2000; Despite service of notice, neither defendant filed the Written Statement nor did he participate in the suit pro




















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