- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO.1043 OF 2008 SUMMONS NO.1043 OF 2008 SUMMONS NO.1043 OF 2008 IN IN IN SUIT SUIT SUIT NO.2577 OF 1989 NO.2577 OF 1989 NO.2577 OF 1989 M/s.Machdrive Engineering ...Plaintiffs vs. Mahanagar Telephone Nigam Ltd. ...Defendants None for the plaintiffs Ms S.I.Shah i/b S.I.Shah & Co. for the defendants and in support of chamber summons CORAM CORAM CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : OCTOBER 13,2008 : OCTOBER 13,2008 : OCTOBER 13,2008 P.C.: P.C.: P.C.: 1. Heard the learned counsel for the defendants in support of the chamber summons. The learned counsel for the defendants states that a notice of this chamber summons has been sent to the Advocate for the plaintiffs on 8th October 2008 by courier. 2. The suit was disposed of by order dated 30th January 2008. This court directed that the Central Government shall notify an Arbitrator in accordance with section 7(B) of Indian Telegraph Act,1885 and the dispute between the parties shall be decided by the Arbitrator. The Central Government appointed an Arbitrator by order dated 7th April 2008. The prayer in this chamber summons is for condonation of delay in notifying the appointment of arbitrator. The delay is of 9 days. In view of the averments made in the affidavit in support, delay deserves to be condoned. The chamber summons is made absolute in terms of prayer clause (a). - 2 - JUDGE JUDGE JUDGE