1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 3616 OF 1994 Azad Hind Dairy Farm & Anr. ...Plaintiffs vs. The General Manager (North) Mahanagar Telephone Nigam Ltd. & Anr. ...Defendants Mr.A.S. Khandeparkar for the Plaintiffs. Ms.S.I. Shah for the Defendants. CORAM : V.M. KANADE, J. DATED : SEPTEMBER 16, 2009 P.C. :- 1 Affidavit of service is taken on record. Counsel for the defendants submits that in view of provisions of Section 7B of the Indian Telegraph Act, 1885, the suit will have to be transferred to an Arbitrator. She invited my attention to the judgment of the Apex Court reported in AIR 1996 SC 1545. 2 In view of the said judgment of the Apex 2 Court and in view of Section 7B of the said Act, the matter will have to be referred to an Arbitrator. 3 The Central Government shall appoint an Arbitrator within eight weeks from today. The parties shall appear before the Arbitrator. All contentions raised in this suit are kept open. 4 The learned Arbitrator is directed to decide the dispute, as expeditiously as possible and in any case, within a period of six months. 5 Suit, accordingly, is disposed of. Refund of Court fees be paid in accordance with Rules. 6 The amount deposited by the plaintiffs shall be invested by the Prothonotary & Senior Master in a Fixed Deposit in a Nationalised Bank till the decision of Arbitration proceedings. (V.M. KANADE, J.)