- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT No. 3181 OF 1994 M.T.N.L. ... Plaintiff Vs. Shri Narendra M. Mehta ... Defendant Mr. V. V. Shinde, Advocate i/b Shukla & Associates, for the plaintiff. None for the defendant. CORAM : A. M. KHANWILKAR, J. DATE : FEBRUARY 6, 2008. PC :- . None appears for the defendant, though served. However, the defendant has already filed the written statement in this matter. 2. The present suit has been filed by the plaintiff claiming the demand bill in respect of telephone charges. The dispute so raised is squarely covered by the provisions of Section 7B of the Indian Telegraph Act, 1885. In such a case, reference of dispute to arbitration under section 7B of the Act is imperative. - 2 - 3. A priori, in view of the mandate of Section 7B of the Act as expounded by the Apex Court in the case of Telecom District Manager Goa & Ors. Telecom District Manager Goa & Ors. Telecom District Manager Goa & Ors. Vs. Vs. Vs. V. S. Dempo & Co. & Ors. reported in V. S. Dempo & Co. & Ors. reported in V. S. Dempo & Co. & Ors. reported in A.I.R. A.I.R. A.I.R. 1996 SC 545, 1996 SC 545, 1996 SC 545, it is appropriate that the dispute raised in the present suit is referred to Arbitration. The reference to arbitration is for determination of dispute under section 7B of the Act, which is a statutory remedy. 4. The Central Government shall take steps to notify the Arbitrator who in turn try and decide the arbitration proceeding, in terms of Section 7B of the Act. That be done within eight weeks from today. 5. The plaintiff MTNL shall apprise the Central Government for taking expeditious steps in the in like matter so that the Arbitratror is appointed within eight weeks from today. 6. It is further observed that the Arbitrator so appointed by the Central Government shall conclude the arbitration proceeding within six months from the date when he enters upon - 3 - arbitration or the date on which the respective parties are expected to make first appearance before him, whichever is earlier. 7. The interim arrangement already ordered by this Court shall continue till disposal of the arbitration proceeding or till the same is nottified or varied by the Arbitrator, if and when such occasion arises. 8. 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. 9. Suit is disposed of in the above terms. Refund as per rules. 10. The counsel for the plaintiff Mr. V. V. Shinde 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. Sd/- [ K.M. KHANWILKAR, J.]