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.3431 of 1991 No.3431 of 1991 No.3431 of 1991 M/s Chandanlal Vohra & Co. ..Plaintiff. Vs. M.T.N.L. .. Defendant. Mr K. H. Mody i/b R.C. Shah, Advocate for Plaintiff. Ms S. I. Shah i/b S.I. Shah & Co. Advocate for the Defendant. CORAM: CORAM: CORAM: V. C. DAGA, J. V. C. DAGA, J. V. C. DAGA, J. DATED: DATED: DATED: 31. 01. 2008. 31. 01. 2008. 31. 01. 2008. P.C.:- P.C.:- P.C.:- 1. Heard learned counsel for the parties. 2. Perused the plaint. 3. The present suit has been filed by the plaintiff challenging the demand bill in respect of telephone charges claimed by the M.T.N.L. (defendant) being excessive one. The dispute so raised is squarely covered by the provisions of Section 7-B of the Indian Telegraph Act, 1885. In such a case, reference of dispute to arbitration under section 7-B of the Act is imperative. 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 dispute raised in the present suit 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 dispute will be tried and decided in arbitration. The plaintiffs 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 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 suit at the instance of either side shall be considered on merits in accordance with law in the arbitration proceedings. 8. Suit is disposed of in the above terms. Refund as per rules. (V.C. (V.C. (V.C. DAGA,J) DAGA,J) DAGA,J)