IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.3868 OF 1993 The Mahanagar Telephone Nigam Ltd. ..Plaintiff V/s. Shabbir Yusuf Mujawar ..Defendant. ....... None present. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. DATE : DATE : DATE : JANUARY 31, 2008. JANUARY 31, 2008. JANUARY 31, 2008. P.C. P.C. P.C. 1. This Suit has been filed by the Plaintiff for recovery of amount due and payable by the Defendants under different telephone bills in relation to telephone No.3083369. Defendant is a subscriber in respect of Telephone No.3083369. 2. The Defendant has filed written statement and has maintained their stand by disputing the claim of the Plaintiff being excessive one. In that sense, dispute has been raised with regard to : 2 : the correctness of the amount claimed under the suit bills, which dispute is squarely covered by Section 7B of the Indian Telegraphs Act. In such a case, reference of dispute to arbitration under Section 7B of the Act is imperative. 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 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. : 3 : 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 off. Refund as per rules. 8. As no one has appeared, Registry to inform the parties as well as their advocates about the passing of this order forthwith. (A.M.KHANWILKAR, J) (A.M.KHANWILKAR, J) (A.M.KHANWILKAR, J)