Rang & ANR s. The General Manager Delhi Telephones & Ors  INSC
380 (3 April 1997)
RAMASWAMY, D.P. WADHWA
O R D
E R The appellants claim that they have paid a sum of Rs. 5,370.35 together
with reconnection charges of Rs.50/-, nonetheless, there is a threat of
disconnection to the appellant. In the letter, Annexure-E at page 36 of the
paper books, it is stated as under:
refer to this letter of even No. dated 8.11.85 regarding payment of telephone
dues pertaining to telephone No.386056.
may please recall your visit to Sh. K.K. Trikha Area Manager (Central) on
28.8.85 in connection with payment of the dues against telephone No. 386056.
During the discussion you have intimated that the payment of the said bills
were made in the 1st week of May, 79.
have been made by GMT office and records have been thoroughly checked. payment
of bills in question detailed below do not appear in the bonds of GMT office.
are therefore again requested to arrange payment of the following bills and
furnish payment particulars within 10 days from the date of issue of this
letter;" In view of this litter, the primary disputed question is of fact,
viz., whether or not payment has been made.
these circumstances, we cannot satisfactorily decide the dispute. Alternative
arbitration under section 11-A of the Telegraphs Act is available for
adjudication of the dispute. It is open to the appellants either to make
payment of the bill or to the appellants either to make payment of the bill or
an application to the competent authority to adjudicate the dispute; on
decision of the dispute, appropriate decision would be taken. Until then, the
interim stay granted by this court would continue. The appellants shall make
payment of an application, as the case may be, with in 30 days from today,
subject to such objections that may be raised.
appeal is accordingly disposed of. No costs.