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1995 Supreme(Bom) 368

A.P.SHAH
B. V. Manek – Appellant
Versus
Mahanagar Telephone Nigam Ltd. – Respondent


JUDGMENT -A.P. SHAH, J. :---Leave under Rules 147 and 148 of the High Court of Judicature at Bombay (O.S.) Rules, 1980 is granted to the plaintiff to take out Notice of Motion in terms of the draft Notice of Motion handed in. By consent, Notice of Motion is made returnable forthwith and placed for hearing. The defendant waives service.

2. The plaintiff is a doctor by profession. Pursuant to the application made by the plaintiff in December, 1987, the defendants Mahanagar Telephone Nigam Limited ("M.T.N.L." for short) provided a telephone connection to the plaintiff under special category bearing Telephone No. 5603314 at the plaintiffs residence at B-8, Mugh Malhar Co-operative Housing Society Ltd., 2nd floor, Murar Road, Mulund (W), Bombay-400 080. Thereafter, the defendant shifted the said telephone to the plaintiffs present address of Flat No. A-2, ground floor, Anubhav, R.P.X. Road, Mulund (W.), Bombay. There is no dispute that the plaintiff has paid all the bills sent to the plaintiff with respect to the said telephone No. 5603314. The main grievance of the plaintiff is that without issuing any prior notice and without assigning any reasons, the defendant disconnected the plaint










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