IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.3251 of 1990. SUIT NO.3251 of 1990. SUIT NO.3251 of 1990. The Mahanagar Telephone Nigam Ltd. ..Plaintiffs versus M/s.Bharat Gears Ltd. ..Defendants Ms.M.K.Sharma i/b. Gordhandas Fozdar for the Plaintiffs Mr.N. Rodriques i/b. Desai & Diwanji for the Defendants CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 17th Sept., 2008. DATED : 17th Sept., 2008. DATED : 17th Sept., 2008. P.C. 1. The present suit is filed by the plaintiffs MTNL against the defendants for recovery of its dues. In view of the provisions of Section 7(b) of the Indian Telegraphs Act, 1885 r/w. judgment of the Supreme Court in case of Telecom District Manager, Goa & Ors. vs. V.S.Dempo & Co. & Ors., reported in AIR 1996 SC 1545 it is necessary to refer the matter to arbitration. This reference to arbitration is for determination of the dispute under Section 7(b) of the Indian Telegraphs Act, 1885. In view of the above, an appropriate Order is required to be passed to refer the matter for -2- arbitration. Hence the Order. ORDER i. Dispute between the plaintiff and defendants is referred to arbitration in accordance of provisions of law under Section 7(b) of the Indian Telegraphs Act. Accordingly, the Central Government shall notify the Arbitrator before whom the present dispute will be tried and decided under Arbitration. ii. Plaintiff to intimate the Competent Authorities of the Central Government to take immediate steps in terms of Section 7(b) of the said Act and notification shall be issued within eight weeks from today. iii> Arbitrator appointed shall conclude the arbitration proceeding as expeditiously as possible. It is made clear that the issues raised in the present suit at the instance of either side shall be considered on its own merits in accordance with the provisions of law. -3- iv. Suit stands disposed of in above terms. v. Refund of Court fees is granted as per rules. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)