( 1 ) IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. O.O.C.J. O.O.C.J. SUIT SUIT SUIT No.4698 No.4698 No.4698 of 1994. of 1994. of 1994. Mahanagar Telephone Limited (M.T.N.L.) ..Plaintiff. Vs. M/s Salebhai Guylamhussein ..Defendant. Ms Jyoti Thakker, Advocate for the Plaintiff. Ms T. Zaidy i/b Zaidy & Co. for the Defendants. ALONGWITH SUIT SUIT SUIT No. No. No. 805 of 805 of 805 of 2001. M. T. N.L. ..Plaintiff. Vs. Ashwani Harish G. ..Defendant. Ms Jyoti Thakker Advocate for the Plaintiff. None for the Defendants. ( 2 ) ALONGWITH SUIT SUIT SUIT No.353 of 2002 No.353 of 2002 No.353 of 2002 M. T. N.L. ..Plaintiff. Vs. Jasani Jayesh M. ..Defendant. Ms Jyoti Thakker Advocate for the Plaintiff. None for the Defendant. CORAM: CORAM: CORAM: V. C. DAGA, J. V. C. DAGA, J. V. C. DAGA, J. DATED: DATED: DATED: 18. 02. 2008. 18. 02. 2008. 18. 02. 2008. P.C.:- P.C.:- P.C.:- 1. Heard learned counsel for the parties. 2. Perused the plaint. 3. The present suits have been filed by the plaintiff-M.T.N.L. for recovery of amount due and payable by the defendants under different telephone bills. The defendants failed to pay the amount so demanded by the plaintiff as per the said telephone bills, as the defendants contested the demand being excessive one. As the defendants have failed to pay the amount, the ( 3 ) plaintiff-M.T.N.L. had no option but to institute the present suits for recovery of the amount under the suit bills. 4. In view of the mandate of Section 7-B of the Act as expounded by the Apex Court in the case of Telecom District Manager, Goa and Ors Vs. Telecom District Manager, Goa and Ors Vs. Telecom District Manager, Goa and Ors Vs. V.S. V.S. V.S. Dempo & Co. and Ors, A.I.R.1996 S.C. Dempo & Co. and Ors, A.I.R.1996 S.C. Dempo & Co. and Ors, A.I.R.1996 S.C. 1545, 1545, 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. 5. The Central Government shall notify the Arbitrator before whom the present disputes 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 7B of the Act. Such notification shall be issued within eight weeks from today. 6. The Arbitrator so appointed shall conclude ( 4 ) 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 apperances before him, whichever is earlier. 7. It is made clear that all issues raised in the present suits at the instance of either side shall be considered on merits in accordance with law in the arbitration proceedings. 8. 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. 9. All Suits are disposed of in the above terms. Refund as per rules. 10. The learned counsel for the plaintiff assures that intimation will be given to the Advocate for all the defendants, as well as the defendants forthwith about the order passed today in this suit. (V.C. (V.C. (V.C. DAGA,J) DAGA,J) DAGA,J)