1 wp 7202.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7202 OF 2011 Prashant Rajendra Thakre .. Petitioner Versus The Manager Idea Cellular Limited Pune .. Respondent Shri Chaitanya V. Dharurkar, Advocate for the Petitioner. Shri S. S. Jadhavar, Advocate for the Respondent. CORAM : S. V. GANGAPURWALA, J. DATE : 07TH DECEMBER, 2011. PER COURT : . The complaint filed by the present petitioner is dismissed by the District Consumer Disputes Redressal Forum, Aurangabad on the ground that it has no jurisdiction. The Forum relied upon the judgment of Apex Court in a case of General Manager Telecom Vs. M. Krishnan and another delivered in Civil Appeal No. 7687/2004. Shri Dharurkar the learned counsel for the petitioner submits that, the position herein is different. No arbitrator is appointed. So in such 2 wp 7202.11 circumstances, the Consumer Forum has the jurisdiction. 2. I had asked the learned counsel for the respondent regarding the appointment of arbitrator. 3. Shri Jadhavar, the learned counsel for the respondent on instructions states that no such arbitrator is appointed to resolve the dispute as is referred in the petition. The learned counsel further submits that the petitioner has remedy of appeal under the statute itself. 4. In view of the fact that alternate remedy is available to the petitioner, I am not inclined to entertain the writ petition. The writ petition is disposed of as withdrawn with liberty to the petitioner to file the appeal before the appropriate forum. The forum before whom the appeal is filed shall take into consideration the time spent in prosecuting the present writ petition. [ S. V. GANGAPURWALA, J. ] bsb/Dec. 11