: 1 : S-1866-99-Judgment.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1866 OF 1999 The Mahanagar Telephone Nigam Ltd. A Government Company incorporated under the Companies Act, 1956 and having its registered office at Jeevan Bharati, Tower No.1, 134, Connaught Circus, New Delhi and having its Bombay Head Office at Telephone House, Prabhadevi, Bombay – 400 025 and Accounts office (TR – South) among other places at Telephone Bhavan Colaba, Mumbai – 400 005. .. Plaintiffs v/s. 1. Babibai S. Sethia, adult, Indian Inhabitant having address at BL-40, Panchayatwadi, 1st Floor, Dr. A.M. Road, Bhuleshwar, Mumbai – 400 002 2. S.G. Bhora adult, Indian Inhabitant, having address at 40, Panchayatwadi, Ground floor, Bhuleshwar,Dr.A.M. Road, Mumbai – 400 002 .. Defendants ......... Mr. Viral D. Shukla i/b M/s. Shukla & Associates for the plaintiffs ......... CORAM : R.Y.GANOO, J. DATE : 8th MARCH, 2011 ORAL JUDGMENT : : 2 : S-1866-99-Judgment.sxw 1. The plaintiffs is the Government Company incorporated under the Companies Act 1956 and are dealing in the business of telecommunication. Plaintiffs on receipt of application for supply of telephone connection supply telephone connection and render service on payment of necessary charges by the customer. The plaintiffs have filed their suit for recovery of Rs.4,82,630/- along with interest thereon @ 21% per annum and for costs as prayed for in the prayer clauses (a) and (b) respectively. The writ of summons was served upon the defendants. The defendants have not filed written statement. The suit is taken up for hearing as undefended suit. 2. Few facts necessary for the disposal of this suit are as under. According to the plaintiffs, defendant no.1 applied for a telephone connection at the address namely BL-40, Panchayatwadi, 1st Floor, Dr. A.M. Road, Bhuleshwar, Mumbai – 400 002. The plaintiffs have admitted that a telephone connection bearing Telephone No.2007203 was allotted to defendant no.1. According to plaintiffs the staff members of the plaintiffs, defendant no.1 and defendant no.2 in collusion with each other arranged to install the telephone line at the address of defendant no.2 i.e. at 40, ground floor, Panchayatwadi, Dr. A.M. Road, Bhuleshwar, Mumbai. 3. The plaintiffs claim that three bills remained outstanding and the : 3 : S-1866-99-Judgment.sxw same are set out in paragraph 5 of the plaint. According to the plaintiffs for the non-payment of the telephone bills, the telephone connection was disconnected on 4th June, 1996. The plaintiffs want to recover from the defendants Rs.4,82,630/- as set out in paragraph 8 of the plaint after giving credit to the deposit amount which was lying with the plaintiffs to the tune of Rs.2,280/-. The plaintiffs have charged Rs.950/- towards instrument charges as instrument could not be recovered from any of the defendants. 4. On account of non-payment of the telephone bills plaintiffs sent advocate’s notice dated 24th December, 1998 at Exh. P-3 calling upon the defendants to pay to plaintiffs a sum of Rs.4,82,630/- along with interest @ 21% per annum. According to the plaintiffs the telephone connection was granted to defendant no.1 and the line was installed at the address of defendant no.2 and the telephone facility was enjoyed by defendant no.2. It is on this count, the suit is filed against defendant no. 1 as a subscriber and as against defendant no.2 as the user of the said connection. 5. In the course of the trial defendants remained absent all through out. The plaintiffs examined Mr. C.S. Mahajan, Chief Accounts Officer (TR-South). The plaintiffs relied upon the three telephone bills which are at Exh. P, P-1 and P-2. The demand notice dated 24th December, 1998 is : 4 : S-1866-99-Judgment.sxw at Exh.P-3. 6. Learned Counsel Mr. Shukla appearing on behalf of the plaintiffs submitted that the defendants have remained absent, averments in the plaint as well as evidence of Mr. Mahajan PW-1 has gone unchallenged and therefore the plaintiffs are entitled to decree as set out in the plaint. 7. I have considered the submissions of learned Counsel Mr. Shukla. The plaintiffs claim that the telephone connection though granted in favour of defendant no.1 was installed at the address of defendant no.2 namely 40, Panchayatwadi, ground floor, Bhuleshwar, Mumbai – 400 002. It is true that in the plaint there is a averment that in collusion with the employees of the plaintiffs, the telephone connection was installed at the address of defendant no.2. However, there is no proof to show that the telephone connection was installed at the Shop of the defendant no.2. In my view, the bare word of Mr. Mahajan should not be accepted. If this is so, the case of the plaintiffs against defendant no.2 is not established and, therefore, I am not inclined to decree the suit as against defendant no.2. 8. So far as the case against defendant no.1, it is noticed that the telephone bills have been issued in the name of defendant no.1 at the address of defendant no.1. This will go to show that defendant no.1 was : 5 : S-1866-99-Judgment.sxw the subscriber and that the bills raised are not paid by him. The demand notice is not dealt with by defendant no.1. Evidence of Mr. Mahajan has gone unchallenged so far as the claim against defendant no.1. The claim of the plaintiffs for Rs.4,82,630/- and for interest @ 21% per annum also has gone unchallenged. Hence, I am inclined to grant the claim of Rs.4,82,630/- and interest @ 21% per annum on Rs. 4,82,630/- from the date of filing of the suit till realization against defendant no.1. Plaintiffs would be entitled to costs. 9. For the reasons mentioned aforesaid, I pass following decree. ORDER (i) Suit is decreed against defendant no.1 in the following term. (a) Defendant no.1 do pay to plaintiffs Rs.4,82,630/-. (b) Defendant no1. Do pay to plaintiffs interest @ 21% per annum on Rs.4,82,630/- from the date of filing of the suit till realization. (c) Defendant no.1 do pay to the plaintiffs costs of the suit. (ii) The suit is dismissed as against defendant no.2 with no order as to costs. (R.Y.GANOO, J.)