IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.4702 OF 1994 Mahanagar Telephone Nigam Ltd. ...Plaintiffs Versus M/s.Reliable Copy Centre & Anr. ...Defendants ...... Ms.Jyoti Shah for Plaintiffs. Mr.S.Parab i/b Mr.P.A.Sawant for Defendants. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. FEBRUARY 8, 2008. FEBRUARY 8, 2008. FEBRUARY 8, 2008. P.C. P.C. P.C. 1. The present Suit has been filed by the MTNL for recovery of telephone outstanding bills payable by the Defendants in the sum of Rs.8,47,336/- (Rupees Eight Lakhs Forty-seven Thousand Three Hundred Thirty-six). The Defendant No.1, which according to the Plaintiffs is a propriety firm of Defendant No.2, is the subscriber. The Defendants have filed written statement disputing the claim of the Plaintiffs. Counsel for the Defendants states that the : 2 : Defendants are uncontactable for last three years. 2. Be that as it may, as dispute has arisen in relation to outstanding telephone bills, which is amenable to Section 7B of the Indian Telegraphs Act, 1885, it is imperative to refer the matter for arbitration being statutory remedy. 3. Having regard to the mandate of Section 7B of the Act, as expounded by the Apex Court in the case of Telecom District Manager, Goa & Ors. vs. Telecom District Manager, Goa & Ors. vs. Telecom District Manager, Goa & Ors. vs. V.S.Dempo & Co. & Ors. reported in AIR 1996 SC V.S.Dempo & Co. & Ors. reported in AIR 1996 SC V.S.Dempo & Co. & Ors. reported in AIR 1996 SC 1545 1545 1545, the matter deserves to be referred to arbitration. The reference to arbitration is for determination of disputes under Section 7B of the Act, which is a statutory remedy. 4. The Central Government shall notify the arbitrator before whom the present dispute will be tried and decided in arbitration. The Plaintiffs to intimate competent Authority of the Central Government to take immediate steps to notify the arbitrator in terms of Section 7B of the Act. Such notification shall be issued within eight weeks : 3 : from today. 5. The arbitrator so appointed shall conclude the arbitration proceedings as expeditiously as possible and in any case, not later than six months from the date he enters upon arbitration or the parties are expected to make first appearances before him, whichever is earlier. 6. Needless to observe that all questions raised in the present Suit at the instance of either side will have to be decided on its own merits in accordance with law in the arbitration proceedings. 7. In view of the above order, the Suit is disposed of. Refund as per rules. A.M.KHANWILKAR, J.