1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1884 OF 2000 The Mahanagar Telephone Nigam Limited ..Plaintiff V/s Texrich Fabrics Private Limited & anr. ..Defendants Mrs.Jyoti R. Thakkar, Advocate, for the plaintiff Mr.Roshan D'souza i/b.M/s.Umesh Shetty & Co., Advocate, for the defendant Nos.1 & 2 CORAM : R.M.SAVANT, J. DATE : 4TH DECEMBER, 2008 P.C. . Heard the learned counsel for the parties. The above suit is filed by the plaintiff the M.T.N.L. for recovery of an amount of Rs.2,82,858/- due and payable by the defendants under telephone bills issued by the plaintiff. The defendants failed to pay the said amount so demanded by the plaintiff as per the said telephone bills, as the defendants contested the demand as being excessive. As the defendants failed to pay the amount, the plaintiff has filed the above 2 suit for recovery of the amount due under the said bills. 2. Considering the mandate of Section 7-B of the Indian Telegraphs Act, 1885, as expounded by the Hon'ble Apex Court in the case of Telecom District Manager, Goa & ors v/s. V.S.Dempo & Co. and ors, reported in A.I.R. 1996 S.C. 1545. It is required that the matter is referred to arbitration. The reference to arbitration is for determination of dispute under Section 7-B of the Act, which is a statutory remedy. 3. The Central Governement shall notify the arbitrator before whom the present dispute will be tried and decided in arbitration. The plaintiff to intimate the concerned competent Authority of the Central Governement to take immediate steps to notify the arbitrator in terms of Section 7-B of the Act. Such notification shall be issued within a period of 12 weeks from date. 4. The Arbitrator so appointed shall conclude the arbitration proceedings as expeditiously as possible. 3 5. It is made clear that all issues raised in the present suit at the instance of either side shall be considered on merits in accordance with law in the arbitration proceedings. The parties would be at liberty to file their rival pleadings if already not filed. The above suit is disposed of in the above terms. Refund of Court fees, if any, as per rules. The plaintiff-M.T.N.L. either by itself or through it's counsel will intimate appointment of the arbitrator to the defendants. (R.M.SAVANT, J.)