IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1127 OF 1994 Mahanagar Telephone Nigam Ltd. ...Plaintiff Versus Iqbal Ahmed Baboo Miya Bane Miya ...Defendant ...... Ms.J.R.Thakkar for Plaintiff. None for Defendant. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. FEBRUARY 1, 2008. FEBRUARY 1, 2008. FEBRUARY 1, 2008. P.C. P.C. P.C. 1. Defendant has been duly served and has entered appearance through Advocate, for which reason, affidavit of service is not necessary. 2. The Defendant has served copy of the written statement on the Advocate for the Plaintiff. Copy whereof is not traced in the record made available to the Court. The Plaintiff to place copy of the said written statement on : 2 : record. 3. This Suit has been filed by the Plaintiff for recovery of amount due and payable by the Defendant under two different telephone bills in relation to telephone No.8727168. According to the Plaintiff, the Defendant is subscriber of the said telephone. 4. Having regard to the mandate of Section 7B of the Act, as expounded by the Apex Court in the case of Telecom District Manager, Goa & Ors. vs. Telecom District Manager, Goa & Ors. vs. Telecom District Manager, Goa & Ors. vs. V.S.Dempo & Co. & Ors. reported in AIR 1996 SC V.S.Dempo & Co. & Ors. reported in AIR 1996 SC V.S.Dempo & Co. & Ors. reported in AIR 1996 SC 1545 1545 1545, the matter deserves to be referred to arbitration. The reference to arbitration is for determination of disputes under Section 7B of the Act, which is a statutory remedy. 5. The Central Government shall notify the arbitrator before whom the present dispute will be tried and decided in arbitration. The Plaintiff to intimate competent Authority of the Central Government to take immediate steps to notify the arbitrator in terms of Section 7B of the Act. Such : 3 : notification shall be issued within eight weeks from today. 6. The arbitrator so appointed shall conclude the arbitration proceedings as expeditiously as possible and in any case, not later than six months from the date he enters upon arbitration or the parties are expected to make first appearances before him, whichever is earlier. 7. Needless to observe that all questions raised in the present Suit at the instance of either side will have to be decided on its own merits in accordance with law in the arbitration proceedings. 8. In view of the above order, the Suit is disposed of. Refund as per rules. 9. Counsel for Plaintiff assures that intimation will be given to the Advocate for the Defendant as well as the Defendant forthwith about the order passed today in this Suit. : 4 : A.M.KHANWILKAR, J.