IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 WP(C).No. 16430 of 2011(C) -------------------------- PETITIONER(S): --------------- M/S.SPECTRUM SOFTTECH SOLUTIONS PVT. LTD., MAHAKAVI G ROAD, KOCHI-682 011, REPRESENTED BY ITS CHIEF OPERATING OFFICER, MR.K.P.CLEETUS. BY ADV. SRI.JOY THATTIL ITTOOP SRI.A.G.ADITYA SHENOY RESPONDENT(S): --------------- 1. THE GENERAL MANAGER, BHARATH SANCHAR NIGAM LIMITED, CATHOLIC CENTRE BUILDING, ERNAKULAM, KOCHI-682 031. 2. SENIOR ACCOUNTS OFFICER (TR OSP), BHARATH SANCHAR NIGAM LIMITED, CATHOLIC CENTRE BUILDING, ERNAKULAM, KOCHI-682 031. ADV. SRI.MATHEWS K.PHILIP,SC, BSNL FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16430 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE BILL ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER SHOWING THE MONTHLY RENT PAYABLE FOR ISDN PRA LINE FOR TELEPHONE NO.2378850 EXT.P2- TRUE COPY OF THE BILL ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER SHOWING THE MONTHLY RENT PAYABLE FOR ISDN PRA LINE FOR TELEPHONE NO.2378851 EXT.P3- A TRUE COPY OF THE NOTIFICATION NO.106-3/2004 DATED 29.10.04 PUBLISHED BY THE RESPONDENT EXT.P4- TRUE COPY OF THE BILL ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER AS PER THE REVISED TARIFF FOR ISDN PRA LINE FOR TELEPHONE NO.2378850 EXT.P5- A TRUE COPY OF THE COMMUNICTION DATED 30.1.2007 ISSUED BY THE PETITIONER TO THE RESPONDENT EXT.P6- A TRUE COPY OF THE COMMUNICTION DATED 15.5.2010 ISSUED BY THE PETITIONER TO THE RESPONDENT EXT.P7- TRUE COPOY OF THE JUDGMENT DATED 31.5.2010 IN W.P.(C).16664/2010 EXT.P8- COPY OF THE LETTER DATED 23.2.2011 ISSUED TO THE PETITIONER EXT.P9- TRUE COPY OF THE REPLY TENDERED BY THE RESPONDENTS DATED 8.4.2011 (True copy) P.A. To Judge ANTONY DOMINIC, J .......................................... W.P.(C). 16430/2011 .......................................... Dated this the 8th day of July, 2011 JUDGMENT Petitioner had two numbers of ISDN PRA lines which were given on making a security deposit of Rs.60,000/- each. The lines were surrendered and in so far as the claim for refund of one of the deposits is concerned, pursuant to the directions in Ext.P7 judgment, the matter was referred for arbitration. Award was rendered and the dispute stands settled. In so far as the second deposit made by the petitioner is concerned, by Ext.P8 representation petitioner sought refund of the amount in the light of the award pertaining to the other deposit made by it. That request was declined by Ext.P9 and hence the writ petition is filed with the following prayers. (i). To issue a writ of certiorari or other appropriate writ, direction or order calling for the records and accounts leading to the ISDN PRA line No.2378850 and direct the respondents to refund the security deposit amount of Rs.60,000/- furnished by the petitioner at the time when ISDN PRA line was applied. W.P.(C).16430/11 2 (ii). To issue a writ of mandamus or other appropriate writ, direction or order directing the respondents to appoint an Arbitrator under Section 7B of the India Telegraph Act, so as to resolve the dispute in question. 2. The learned Standing Counsel appearing for the respondents submits, on instructions, that an amount of Rs.75,478/- due under the bill dated 5.12.2007 was remaining unpaid by the petitioner and therefore, the deposit has been appropriated towards that liability. Therefore, according to the respondents, there is no amount available to be refunded to the petitioner. In the light of the submission so made, the prayer for directing refund of the amount is only to be rejected and I do so. 3. In so far as the prayer for directing the respondents to appoint an Arbitrator to resolve the disputed claim for refund is concerned, none of the communications made by the petitioner disclose that they sought any such appointment. Therefore, that prayer is premature. In the above view of the matter, leaving it open to the W.P.(C).16430/11 3 petitioner to seek appointment of an Arbitrator, if they so desire, this writ petition is disposed of. ANTONY DOMINIC, Judge mrcs