IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1118 OF 2001 SUIT NO. 1118 OF 2001 SUIT NO. 1118 OF 2001 The Mahanagar Telephone Nigam Ltd. ... Plaintiff. V/s. Kawad Rajesh Mongilal. ... Defendant. Ms.J.R.Thakkar for the plaintiff. None for the defendant. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 12th March 2008. DATED: 12th March 2008. DATED: 12th March 2008. P.C.: P.C.: P.C.: . Heard learned counsel for the plaintiff. . Perused plaint. 2. The present suit has been filed by the plaintiff- Mahanagar Telephone Nigam Ltd. for recovery of amount due and payable by the defendant under the subject telephone bill. The defendant failed to pay the amount so demanded by the plaintiff as per the said telephone bill, as the defendant contested the demand being excessive one. As the defendant has failed to pay the amount, the plaintiff had no option but to institute the present suits for recovery of the amount under the suit bill. Nobody is appearing for the defendant in spite of service. Even if defendant is absent, dispute needs to be adjudicated upon. 3. Having regard to the mandate of section 7B of the Act, as expounded by the Apex Court in the case of Telecom District Manager, Goa & Ors. v. V.S.Dempo & Telecom District Manager, Goa & Ors. v. V.S.Dempo & Telecom District Manager, Goa & Ors. v. V.S.Dempo & Co. & Ors Co. & Ors Co. & Ors. reported in AIR 1996 SC 1545, the matter deserves to be referred to 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. 4. 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. 5. 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 appearances before him, whichever is earlier, following principles of natural justice. 6. It is made clear that all the issues raised in the present suit at the instance of either side shall be considered on merits in accordance with law in the arbitration proceeding. 7. 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. 8. Suit stands disposed of in terms of this order. Refund of court fee per rules. 9. The learned counsel for the plaintiff assures that intimation will be given to the defendant, as well as the plaintiff forthwith about the order passed today in this suit. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)