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O.S.No.706/2024

Case between Amer Anis @ Musthafa Thekkethil vs Vodafone Idea Limited et al regarding interim mandatory injunction for mobile number reactivation

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K. Dinamany.
Order Date
2024-11-23
Duration

Judgement document from eCourt website

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Case Summary

The plaintiff, Amer Anis @ Musthafa Thekkethil, is seeking an interim mandatory injunction against Vodafone Idea Limited and its officials regarding the reactivation of his mobile number '9048899999'. He claims that the defendants unjustly disconnected his service and demanded a large payment to reactivate the number, which he has owned for over 25 years.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the plaintiff's petition for an interim mandatory injunction, stating that the petitioner did not establish a strong case. The court deemed there would be no irreparable harm if the petition was not allowed.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The court found that the plaintiff did not establish a strong case for the relief sought.

Judgment Evidence:

In the result, the above petition is dismissed. Considering the facts and circumstances of the case, parties are directed to bear their respective costs.

Parties Involved

Plaintiffs

Amer Anis @ Musthafa Thekkethil (54 years years) Flat No. 7D, Abad Harmony, Paradise Road, Vyttila P O, Poonithura Village, Kanayanoor Taluk, Ernakulam- 682019 Muhammed Roshan (22 years years) Flat No. 7D, Abad Harmony, Paradise Road, Vyttila P O, Poonithura Village, Kanayanoor Taluk, Ernakulam- 682019

Defendants

Vodafone Idea Limited (Age not specified years) Suman Tower, Plot No.18, Sector-11, Gandhinagar, Gujarat- 382011 General Manager (Customer Care), Vodafone Idea Limited (Age not specified years) V J Tower, Vyttila P O, Poonithura Village, Kanayanoor Taluk, Ernakulam- 682019

Reliefs

Relief Type: Mandatory Injunction
Outcome: Refused
Description:
Request for mandatory injunction to reactivate the mobile services or permit porting.
Evidence:
On appreciating the facts and circumstances of the case, I am satisfied that petitioner has not established strong case for the relief of interim mandatory injunction.

Documents & Evidence

Document Type: Email Printout
Submitted By: Plaintiff
Relevance:
Shows the payment of Rs. 7,000/- by the plaintiff to the account of the defendant.
Reference:
Ext.A1
Document Type: Conciliation Notice
Submitted By: Plaintiff
Relevance:
Notice of conciliation issued to the plaintiff on behalf of the defendants.
Reference:
Ext.A2
Document Type: Email Printout
Submitted By: Plaintiff
Relevance:
Shows the overdue amount of Rs. 8,826.66/- owed by the plaintiff.
Reference:
Ext.A3
Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
Printout of lawyer’s notice issued to the defendant demanding reactivation of the plaintiff’s mobile number.
Reference:
Ext.A4
Document Type: Certificate Copy
Submitted By: Plaintiff
Relevance:
Copy of the certificate issued to the plaintiff from Poonithura Village Office.
Reference:
Ext.A5
Document Type: Customer application form
Submitted By: Defendant
Relevance:
True Copy of Customer Application form with terms and conditions of Vodafone Mobile Network.
Reference:
Ext.B1
Document Type: Government Order Copy
Submitted By: Defendant
Relevance:
Copy of order issued by Department of Telecommunications, Government of India.
Reference:
Ext.B2

Quick Facts

Location
Ernakulam
Case Filed
Outcome Confidence
90%

Involved Entities

Private Individual

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