IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 W.P.(C).No. 29137 of 2007(R) ----------------------------------- PETITIONER: -------------- TRAVANCORE HALLMARK, 4TH FLOOR, KARIMPANAL ARCADE, EAST FORT, TRIVANDRUM, REP. BY ITS MANAGING DIRECTOR, JAMES JOSE. BY ADV. SRI.VIJU ABRAHAM SRI.JOY C. PAUL SRI.DOMINIC JOHNSON RESPONDENTS: ----------------- 1. THE PRINCIPAL GENERAL MANAGER, B.S.N.L., LIC BUILDING, PATTOM, THIRUVANANTHAPURAM-04. 2. SENIOR ACCOUNTS OFFICER (OSP), OFFICE OF PRINCIPAL GENERAL MANAGER, BHARAT SANCHAR NIGAM LTD., LIC BUILDING, PATTOM, THIRUVANANTHAPURAM-695 004. 3. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY ADV. SRI.P.M.M. NAJEEB KHAN, SC, BSNL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 29137 OF 2007 R = = = = = = = = = = = = = = = = Dated this the 24th January, 2008 J U D G M E N T The challenge in this writ petition is against Ext. P5, the bill and steps taken by the respondents by Ext. P9 for realising the amount that is claimed. In view of Section 7 (b) of the Telegraph Act, which provides for an arbitration of the disputes such as the one raised in this writ petition regarding the correctness or otherwise of a bill, I feel, this matter needs to be referred for arbitration. Accordingly, I direct that the 1st respondent shall refer the dispute raised by the petitioner in Ext. P7 and Ext. P10 in regard to the correctness of the demand raised in Ext. P5 to an arbitrator appointed by him. 2. Although it is true that the 1st respondent has filed a statement in this writ petition, in view of the disputed question that has been raised, I feel that recourse to statutory remedy should be taken by the petitioner. Until the dispute is referred and decided by the arbitrator to be appointed by the 1st respondent I direct that W.P.(C) No. 29137 OF 2007 -2- demand for recovery of the amount that is claimed from the petitioner in Ext. P5 shall be deferred on condition that the petitioner remits 1/3rd of the amount that is demanded. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-