1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2933 OF 1994 Mahanagar Telephone Nigam Ltd. Bombay ...Plaintiff vs. Shri Agarwal Sandeep ...Defendant Mrs.Jyoti R. Thakkar for the Plaintiff. None for the Defendant. CORAM : V.M. KANADE, J. DATED : OCTOBER 16, 2009 P.C. :- 1 Heard Counsel for the plaintiff. None for the Defendant. 2 Suit is instituted by Mahanagar Telephone Nigam Limited for recovery of the amounts due and payable by the defendant on account of unpaid telephone bills. 2 3 The dispute is in respect of correctness of the amount claimed by the plaintiff under the bills which are impugned in this suit which dispute is squarely covered by the provisions of Section 7B of the Indian Telegraph Act, 1885. The Apex Court after taking into consideration the provisions of Section 7B of the said Act in the case of Telecom District Manager, Goa vs. V.S. Dempo & Co. reported in AIR 1996 SC 1545 has observed that in view of the amended provision of Section 7B read with Section 7E, the matter should be referred to arbitration. A Division Bench of this Court in Writ Petition Nos. 135/1990 and 145/1990 has also referred such cases to arbitration. In similar other cases also, the matters have been referred to arbitration. 4 The MTNL, accordingly, therefore, shall move the Central Government, expeditiously for the appointment of arbitrator in view of provisions of Section 7B of the said Act and judgment of the Apex Court. Upon appointment of an Arbitrator, the matter 3 shall be referred for arbitration in terms of Section 7B to the arbitrator. 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 case, within six months from the date on which he enters upon the arbitration or on the date on which the parties are expected to appear before him. The questions raised in the suit are kept open. 5. The suit, accordingly, is allowed to be withdrawn in terms of reference to arbitration. The plaintiff is entitled for refund of court fees in accordance with Rules. (V.M. KANADE, J.)