1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2476 OF 1994 Mahanagar Telephone Nigam Ltd. .... Plaintiffs. V/s Indian Chronicle Pvt. Ltd. ....Defendants. Mrs. J.R. Thakkar for plaintiffs. None for defendants. AND SUIT NO.2546 OF 1994 Mahanagar Telephone Nigam Ltd. ... Plaintiffs. V/s Smt. Gladdy Sigamany ... Defendant. Mrs. J.R. Thakkar for plaintiffs. None for defendants. CORAM: V.M. KANADE, J. DATE : 26TH AUGUST, 2009 2 P.C.: 1. Heard Counsel for plaintiffs. None appears on behalf of defendants. 2. Present suits have been filed by plaintiffs for recovery of an amount which is due and payable by defendants towards suit bills which were issued by plaintiffs. Since the defendants failed to pay the amount demanded by plaintiffs, present suits have been filed by plaintiffs for recovery of the said amount under the suit bills. 3. In view of the decision of the Apex Court report in Telecom District Manager, Goa & Ors. vs. S.C. Dempo & Co. and Ors., reported in AIR 1996 SC 1545, it would be appropriate if the matter is referred to arbitration. Under section 7-B of the Act any dispute arising between M.T.N.L and the defendant has to be referred to arbitration. The Central Government shall accordingly notify the arbitrator before whom the present dispute would be tried and decided in arbitration. Plaintiffs to intimate the competent authority of the Central Government to take immediate steps to notify the arbitrator in terms of section 7-B of the Act. Notification to that effect shall 3 be issued within a period of eight weeks. All issues raised in the present suits at the instance of either side shall be considered on merits and in accordance with law in the arbitration proceedings. The arbitrator shall conclude the arbitration proceedings as expeditiously as possible and preferably within a period of six months. 4. Both the above suits are disposed of in the aforesaid terms. Refund of Court fees be paid in accordance with rules. (V.M. KANADE, J.)