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Judgment
Ashok B. Hinchigeri, J.—This appeal is directed against the judgment, order and decree passed by the Court of XXVII Addl. City Civil Judge, Bangalore in O.S. No. 1995/2001.
The facts of the case in brief are that the appellant is liable to clear the telephone bill arrears aggregating to Rs. 62,026/- as per the claim of the respondent. The respondent filed the suit seeking the money decree. On behalf of the respondent, K. Brahmaiah, its Chief Accountant Officer was examined as PW-1 marking the documents from Ex.P1 to P.14. The Trial Court deducted the security deposit amount of Rs. 2,000/- and thereby held that the appellant is liable to pay the telephone bill arrears of Rs. 60,026/- with interest thereon.
Aggrieved by the aforesaid judgment, the defendant has come up in appeal before me. Sri P.D. Surana, the learned Counsel appearing for the appellant submits that the appellant has been suffering from terminal illness of cancer. That is why he could not file the written statement and could not have the respondent cross-examined and could not enter the witness box. Finally no arguments were addressed on behalf of the appellant. This culminated in the appellant suffering an exparte judgment Sri Surana prays for setting aside of this judgment under appeal and remanding the matter to the Trial Court for fresh enquiry.
Sri Vasanth Kumar, the learned Counsel for the respondent opposes the appellant''s prayer for the remand of the matter. According to him, the judgment under appeal is sustainable.
The human situation has to be appreciated. As the appellant has been suffering from the terminal illness of part cancer, the lapse on his part in not contesting the matter deserves to be condoned. In my considered view, the matter deserves to be remanded to the Trial Court for fresh enquiry for the purpose of giving one more opportunity to the appellant On my pointedly asking, I am informed at the bar that earlier, the telephone bills used to be around Rs. 2,000 to Rs. 2,500 per month. For five months, approximately the amounts aggregate to Rs. 12,000/-. If 6% interest is awarded on the said sum for seven years, the amounts aggregate to Rs. 17,000/-. This figure can be taken as the admitted amount, which has to constitute a pre-requirement for the remand of the matter. The paramount need is to balance the competing interests of the revenue and of the individual.
I therefore set aside the judgment under appeal, remand the matter to the Trial Court for fresh enquiry, subject to the appellant depositing Rs. 17,000/- within six weeks from today.
The fixation of the appellant''s liability herein is absolutely tentative. His final liability has to be adjudicated by the Trial Court only. Needless to observe that the appellant is entitled to deduction in the amount to be adjudicated by the Trial Court by taking into account the interim deposit being made pursuant to today''s judgment. It is made clear that no opinion is expressed by the Appellate Court on the quantum of the appellant''s liability towards the pending telephone bills.
Both the parties arc directed to appear before the Trial Court at 11.00 a.m. on 01.06.2009 without waiting for any notice from the Trial Court. Further, both the parties are directed to co-operate with the Trial Court in the speedy disposal of the matter. The Trial Court is directed to dispose of the remanded matter as expeditiously as possible and in any case, within an outer limit of eight months from today.
No order as to costs.