((-1-)) MST IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.4347 OF 1994 Smt.Usha C. Ajmera & another Plaintiffs Vs. Mahanagar Telephone Nigam Ltd. Defendant None appears for the parties. CORAM : A.M.KHANWILKAR, J. DATE : 07th February 2008 PC :- 1. None appears for the parties. 2. The present suit has been filed by the plaintiffs challenging the demand bills in respect of telephone charges pertaining to telephone No.3435989 in the name of Vijay Trading of which Plaintiff No.1 is the partner and another telephone No. 3435421 in the name of Plaintiff No.2, claimed by the MTNL (defendant), being excessive. Both these telephones are installed in the office premises at 109, Sarang Street, 2nd Floor, Mumbai - 400 003. Significantly, the Plaintiff No. 1 is a housewife and residing alongwith her husband (Plainiff No.2), two sons and her mother-in-law. The dispute so raised is squarely covered by the ((-2-)) MST provisions of Section 7B of the Indian Telegraph Act, 1885. In such a case, reference of dispute to arbitration under Section 7B of the Act is imperative. 3. A priori, in view of the mandate of Section 7B of the Act as expounded by the Apex Court in the case of Telecom District Manager Goa and ors. Vs. V.S. Dempo & Co. and ors. reported in A.I.R.1996 S.C.1545, it is appropriate that the dispute raised in the present suit is referred to Arbitration. The reference to arbitration is for determination of dispute under Section 7B of the Act, which is a statutory remedy. 4. The Central Government shall take steps to notify the Arbitrator who in turn will try and decide the arbitration proceeding, in terms of Section 7B of the Act. That be done within eight weeks from today. It will be open to the Centeral Government to appoint separate Arbitrator for the dispute in respect of each telephone in question, if the Plaintiffs so insist. 5. The defendant-M.T.N.L. shall apprise the Central Government for taking expeditious steps ((-3-)) MST in the matter so that the Arbitrator is appointed within eight weeks from today. 6. 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. 7. 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. 8. 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. 9. As no one has appeared, Registry to inform the parties as well as their Advocates about the passing of this order forthwith. 10. Suit is disposed of in the above terms. Refund as per rules. ((-4-)) MST (A.M.KHANWILKAR, J.)