: 1 : IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION SUIT SUIT SUIT NO.347 NO.347 NO.347 OF 2000 OF 2000 OF 2000 The Mahanagar Telephone Nigam Ltd. .. Plaintiff. Versus Radheshyam A.Khanna .. Defendant. Mr.Abhay Sharma i/b.T.S.Tendolakar & Asso.for plaintiff. None for defendant. CORAM CORAM CORAM : V.C.DAGA, J. : V.C.DAGA, J. : V.C.DAGA, J. DATE DATE DATE : 4th February, 2008. : 4th February, 2008. : 4th February, 2008. P.C.: P.C.: P.C.: 1. Heard learned Counsel for the plaintiff-MTNL. None appears for the defendant. 2. The present suit has been filed by the plaintiff-MTNL for recovery of amount due and payable by the defendant under different telephone bills. The defendant failed to pay the amount so demanded by the plaintiff as per the said telephone bills, as the : 2 : defendant contested the demand being excessive one. As the defendant has failed to pay the amount, the plaintiff had no option but to institute the present suit for recovery of the amount under the suit bills. 3. In view of the mandate of Section 7-B of the Act as expounded by the Apex Court in the case of Telecom Telecom Telecom District District District Manager, Manager, Manager, Goa and Ors. v/s. V.S.Dempo & Co. and Goa and Ors. v/s. V.S.Dempo & Co. and Goa and Ors. v/s. V.S.Dempo & Co. and Ors. Ors. Ors. reported in A.I.R. 1996 S.C. 1545 reported in A.I.R. 1996 S.C. 1545 reported in A.I.R. 1996 S.C. 1545, it is appropriate that the matter is referred to arbitration. The reference to arbitration is for determination of dispute under Section 7-B 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 plaintiff to intimate competent Authority of the Central Government to take immediate steps to notify the arbitrator in terms of Section 7-B of the Act. Such notification shall be issued within eight weeks 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 : 3 : enters upon arbitration or the parties are expected to make first appearances before him, whichever is earlier. 6. It is made clear that all issues raised in the present suit at the instance of either side shall be considered on merits in accordance with law in the arbitration proceedings. 7. Needless to mention that Arbitrator would also be entitled to adjudicate upon counter claim, if any. The parties shall also be at liberty to file their rival pleadings if already not filed. 8. Suit is disposed off in the above terms. Refund as per rules. 9. Learned Counsel for the plaintiff-MTNL, assures that intimation will be given to the Advocate for the defendant as well as the defendant forthwith about the order passed today in this suit. (V.C. (V.C. (V.C. DAGA, J.) DAGA, J.) DAGA, J.)