1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.5031 OF 1999 M.T.N.L. ....Plaintiff V/s. Smt.Fernandes Florine P. & Anr. ....Defendants Ms.Jyoti Thakkar for the Plaintiff. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 10TH NOVEMBER, 2009. P.C. :- 1. In view of the order dated 30.1.2008 in the similar matters, the suit is disposed of by the following order :- (i). The matter is referred to the arbitration. The reference to arbitration is for determination of disputes under Section 7B of the Indian Telegraphs Act (“Act” for short), which is a statutory remedy. (ii). 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. (iii). The arbitrator so appointed shall conclude the arbitration proceedings as expeditiously as possible. (iv). It is made clear that all the issues raised in the present suit at 2 the instance of either side shall be considered on merits in accordance with law in the arbitration proceedings. (v). Needless to mention that the 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. Refund as per rules.