The Plaintiffs who is service provider has filed this Summary Suit by invoking Order XXXVII of the Civil Procedure Code (for short, CPC) based upon computer generated itemized mobile bills.

THE RELEVANT BACKGROUND AND POLICY OF COMPUTER GENERATED ITEMISED BILLS:

2. The Plaintiffs are engaged in the business of providing Mobile Telephone Services under a Licence Agreement dated 29-11-1994, issued by the Government of India (as amended from time to time), under the terms and conditions set out thereon. Under the provisions of the Indian Telegraphs Rules 1951, and more particularly Rule 439 thereof, the charges for usage become payable on presentation of a bill. It is necessary for the service provider that the billing system of the licensees should generate the billing information, in adequate details, to ensure satisfaction to the customer about the genuineness of the bill. The bill represents the true extent of the service actually provided by the service provider and also the details about the service conditions, which are available to the subscribers. Some of the purposes of issuing or obtaining the telephone/mobile bills through hard copy, interalia, are to (a) unders