IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 322 OF 2008 MR. VINCENT RAMAN PEREIRA ... Petitioner Versus BHARAT SANCHAR NIGAM LTD. THROUGH GENERAL MANAGER (TELEPHONES) AND ANR., ... Respondents Mr. V. A. Lawande, Advocate for the Petitioner. Mr. P. P. Singh, Advocate for Respondent no.1. Mr. S. R. Rivonkar, Government Advocate for Respondent no.2. Coram:- B. P. DHARMADHIKARI & U. D. SALVI, JJ. Date:- 29th June, 2009 P.C. Heard. 2. The dispute pertains to telephone bills raised on Petitioner and he contends that, that the said telephone was never installed in his premises and was never used by him. The Department has pointed out that telephone was very much installed and has been used in the premises where it was installed. According to the Department, by transfering the premises to some third person, the liability of Petitioner to pay telephone bills does not come to an end. Advocate Mr. Lawande is disputing this position and he wants to address this Court further. 3. We find that in order to show his bonafides, Petitioner has deposited the amount of bills in dispute with the Registry of this Court. Advocate Singh points out that there is provision for appointment of Arbitrator and if the amount is deposited with Department, an Arbitrator can be appointed and dispute can be sorted out. Advocate Lawande is objecting to deposit of amount with the Department. 4. However, in the present circumstances, we direct the Registry of this office to permit respondent-Department to withdraw the amount deposited by Petitioner and such withdrawal shall be without prejudice to the rights and contentions of Petitioner and also that of respondent-Department. The withdrawal be effected within a period of two weeks from today and thereafter the respondent to appoint Arbitrator to arbitrate in the dispute. Said Arbitrator shall consider all grievances raised by Petitioner in the matter and for that purpose shall give due opportunity to the Petitioner. The Arbitrator shall complete his proceedings and deliver Award by 31.12.2009. If the Petitioner is found not liable to clear the amount of bills, the amount deposited with the Department shall be returned to the Petitioner within one month thereafter by it. 5. In view of this, we find that grievance of Petitioner against the recovery Orders does not survive and the issue needs to be considered afresh by the Arbitrator in accordance with law uninfluenced by any Order by the Department passed therein. As the amount in dispute is already deposited, the premises of Petitioner are released from attachment. 6. Writ Petition is accordingly disposed off with no Order as to costs. B. P. DHARMADHIKARI, J. U. D. SALVI, J. arp/*