IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.3687 OF 1995 Mahanagar Telephone Nigam Limited ..Plaintiff. Vs. Bhaskar Sitaram Joshi ..Defendant. .... None present for the parties. .... CORAM: DR. D.Y. CHANDRACHUD, J. 14th January, 2008. P.C. : 1. This is a suit instituted by the Mahanagar Telephone Nigam Limited for the recovery of amounts due and payable by the Defendant on account of unpaid telephone bills. A written statement has been filed. 2. The dispute in the present case has been raised with regard to the correctness of the amounts claimed by the Plaintiff under the bills which are impugned in the suit. This dispute is squarely covered by Section 7-B of the Indian Telegraph Act, 1885. The provisions of Section 7-B have been considered in the judgment of the Supreme Court in Telecom District Manager, Goa v. V.S. Dempo & Co.. ( AIR 1996 SC 1545). Section 7-B provides a statutory recourse to arbitration. On 20th January 2000 a Division Bench had passed orders in Writ Petition 135 of 1990 and 145 of 1990 wherein, having regard to the judgment of the Supreme Court a statement was made on behalf of MTNL that the dispute be referred to arbitration. Subsequently in terms of Section 7-B an order of reference has been passed by this Court on 14th December, 2006 in Suit 635 of 1990, on 20th July, 2007 in Suit 2338 of 1994 and on 26th October, 2007 in Suit 857 of 1992. 3. Accordingly, Mahanagar Telephone Nigam Limited, Mumbai shall move the Central Government expeditiously for the appointment of an arbitrator, having regard to the provisions of Section 7-B and the judgment of the Supreme Court. The claim in the suit shall be referred to arbitration upon the appointment of an arbitrator by the Central Government in terms of Section 7-B. Mahanagar Telephone Nigam Limited shall move the competent authority of the Central Government. The Central Government shall issue a notification appointing an arbitrator within a period of eight weeks from today. The arbitrator shall conclude the arbitration proceedings expeditiously and in any event not later than six months from the date on which he enters upon arbitration or from the date on which parties are expected to make their first appearance before the arbitrator whichever is earlier. All the questions that have been raised in the suit will be decided in the course of the arbitration proceedings in accordance with law and all the rights and contentions of the parties are kept open. The suit shall accordingly stand disposed of in terms of the reference to arbitration. There shall be refund of Court fees, if any, as per rules.