1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2969 OF 2000 Mahanagar Telephone Nigam Ltd. ..Plaintiff. V/s. Mr. Kareya Suresh. ..Defendant. Ms.Jyoti Thakkar for plaintiff. Mr.Q.M.Ashfaq for defendant. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 11, 2008. DATE : FEBRUARY 11, 2008. DATE : FEBRUARY 11, 2008. P.C. : P.C. : P.C. : 1. As the Defendant has filed Written Statement and has raised dispute regarding liability to pay the telephone bill demanded by the Plaintiff in respect of the Telephone No.4448260; coupled with the fact that the Counsel appearing for the Defendant has no objection, if the dispute is referred to for arbitration in view of section 7B of the Indian Telegraph Act, which is a statutory arbitration, the Suit is disposed off by referring the dispute to the Arbitration under Section 7B of the Indian Telegraph Act. 2. The Plaintiff-M.T.N.L. shall apprise the Central Government for taking expeditious steps in 2 the matter so that the Arbitrator is appointed within eight weeks from today. 3. It is further observed that the Arbitrator so appointed by the Central Government shall conclude the arbitration proceeding within six months from the date when he enters upon arbitration or the date on which the respective parties are expected to make first appearance before him, whichever is earlier. 4. The interim arrangement already ordered by this court shall continue till the disposal of the arbitration proceeding or till the same is modified or varied by the Arbitrator, if and when such occasion arises. 5. It is made clear that all issues raised in the present suit at the instance of either party shall be considered on merits in accordance with law in the arbitration proceedings. 6. Suit is disposed off in the above terms. Refund as per rules. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)