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1994 Supreme(Cal) 325

NIKHIL NATH BHATTACHARJEE, BHAGABATI PRASAD BANERJEE
UNION OF INDIA – Appellant
Versus
BINANI CONSULTANTS (P) LTD. – Respondent


Advocates Appeared:
Archan Sen Gupta, PIUSH DUTTA, R.N.PAL

B. P. BANERJEE, J.

( 1 ) THIS is an appeal against the judgment dated 19th of August, 1993, allowing the writ application and directing the appellant to reconnect the telephone lines of the respondent which were disconnected for non-payment of Pay Phone bills, and to accept the call charges on the basis of original agreement. The appellants were also restrained from reducing the rate of commission of the writ petitioner/opposite parties. Further, the appellants have been restrained from reducing the billing period from monthly to fortnightly and from charging any additional security deposit except in accordance with the terms and conditions of the agreement in question.

( 2 ) THE writ petitioner/opposite parties entered into an agreement with the Calcutta Telephone authorities for the purpose of acting as Operating Agency in respect of pay phones in the city of Calcutta. The relevant provision of the said agreement is as follows :"the Operating Agency will be permitted to charge Re. l/- per unit from the public for the calls made from the Pay-Phones. The Operating Agency will pay to the Department @ 80 paise per metered call unit in case of pay-phone with STD facility and @ 60 pa



















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