1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2846 OF 1992 Mahanagar Telephone Nigam Ltd. ..Plaintiffs. V/s. Shri Mahendra T. Shah. ..Defendant. Mr.V.V.Shinde i/b. Shukla & Assoc. for plaintiffs. None for defendant. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 29, 2008. DATE : JANUARY 29, 2008. DATE : JANUARY 29, 2008. P.C. : P.C. : P.C. : 1. This suit is filed by MTNL for recovery of its outstanding dues in relation to the telephone bills payable by the Defendant-subscriber. The Defendant-subscriber filed suit being Suit No.1736 of 1991 in this Court challenging the appropriateness of the self-same bills being excessive. In that sense, the issues that may arise for consideration in both the suits would be overlapping. 2. In so far the Suit filed by the Defendant subscriber being Suit No.1736 of 1991, the same has been disposed off by Order dated 25th October, 2007 directing the reference of dispute interse the parties to arbitration under section 71(B) of the 2 Indian Telegraph Act, 1885. While disposing off the said Suit in paragraph-8 of the Order, it was made clear that all issues raised at the instance of the either parties in the suit filed by the Defendant shall be considered on the merits of the case in the arbitration proceedings. In other words, the issues that would arise for consideration in the present suit will be naturally addressed in the arbitration proceedings between the parties in terms of the Order dated 25th October, 2007. 3. In the circumstances, the present Suit is disposed off while reiterating the fact that the Plaintiff will be free to raise all issues raised in the present Suit in relation to the disputed bill in the arbitration proceeding, which in turn will be decided on its own merits in accordance with the law. The suit disposed off on the above terms with no order as to costs. Refund as per rules. 4. All questions in arbitration proceedings are left open. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)