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1989 Supreme(Guj) 134

R.A.MEHTA, P.R.GOKULAKRISHNAN
INDRAVADAN PRANLAL SHAH – Appellant
Versus
GENERAL MANAGER,ahmedabad TELEPHONES – Respondent


Advocates Appeared: BHARAT B.NAIK, NILESH PANDYA, THAKKAR NANDLAL

P. R. GOKULAKRISHNAN, R. A. MEHTA, J.

( 1 ) THE petitioner seeks a direction to quash and set aside the notice of disconnection of the petitioners telephone No. 445764 ant also wants that Rules 421 and 443 of Indian Telegraph Rules 1951 be struck down as violative of the principle of natural justice.

( 2 ) THE petitioner is a partner of M/s. Sukan Chemicals. That partnership firm is a subscriber of other telephones namely 830532 and 830533 In respect of both these telephones unpaid outstanding dues are Rs. 69335. 00 as per telephone bills dated 1-11-1988 and 1-1-1989. Since these amounts were not paid in spite of sufficient time having been granted to make the payment both these telephones of the firm were disconnected on 12-12-1988.

( 3 ) THEREAFTER a notice was issued to the firm on 6-1-1989. A similar notice dated 16-1-1989 was addressed to the petitioner partner by name and therein it was stated that for the non-payment of the telephone dues of the firm the personal telephone of the petitioner is also liable to disconnection if the dues of the telephones of the partnership firm were not paid. This was replied by the petitioner on 27 and it was stated that the factory was not wor













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