IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1436 OF 2008 IN SUIT NO.3939 OF 1989. T.R. Krishnan. ..Plaintiff. versus Mahanagar Telephone Nigam Ltd.& Anr. ..Defendants. .... Ms. Priti Shah, i/b. S.I. Shah & Co., for the Plaintiff. .... CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 10th October 2008. : 10th October 2008. : 10th October 2008. P.C.: 1. The learned counsel appearing for the first defendant seeks time on the ground that the chamber summons is not served to the plaintiff. 2. The suit has been finally decided by the order dated 30th January 2008. The second defendant - Central Government was directed to notify an arbitrator in terms of section 7B of the Indian Telegraphs Act, 1855. It appears that there was a delay on the part of the Central Government in issuing notification appointing arbitrator. Notification dated 12th May 2008 issued by the Union of India has been annexed to the affidavit in support of the chamber summons. The said notification 2 shows that in exercise of power under section 7B of the Indian Telegraphs Act, 1855 now an arbitrator has been appointed. 3. In view of what is stated in the affidavit in support of the chamber summons, delay in notifying the appointment of an arbitrator deserves to be condoned. The chamber summons is made absolute in terms of prayer clause (a). (A.S.Oka,J)