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.3338 OF 1992 Mahanagar Telephone Nigam Ltd. & Anr. ..Plaintiffs. V/s Ratilal Becharlal & Sons & Ors. ..Defendants. Ms.S.I.Shah i/b. S.I.Shah & Co. for plaintiffs. Ms.Naseem Patrawala i/b. P.M.Mithi & Co. for Defendants. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 26, 2008. DATE : FEBRUARY 26, 2008. DATE : FEBRUARY 26, 2008. P.C. : P.C. : P.C. : 1. It is common ground that the Defendant had filed Writ Petition in this Court being Writ Petition No.1565 of 1992. The said Writ Petition was disposed off and the dispute was referred to Arbitration under section 7B of the Indian Telegraph Act. That Order was passed as back as in 1999. It is however, agreed between the parties that no further progress has been made in the arbitration proceedings though initiated in the year 1999 in terms of the Order of this Court. In the circumstances, both sides by consent are inviting order in the present Suit that the Plaintiffs be permitted to appoint another arbitrator in place of the earlier arbitrator, so that the newly appointed arbitrator can proceed with the arbitration proceedings in accordance with the law, which will be 2 disposed off within six months from the date of arbitrator entering upon the arbitration. 2. The Plaintiffs assure to appoint new arbitrator within eight weeks from today. That assurance is accepted. 3. As the dispute in relation to the suit bills is already referred to arbitration, nothing survives for consideration in the present suit. In the circumstances, Plaintiffs seek liberty to withdraw the present suit without prejudice to the rights and contentions of the Plaintiffs in the proceedings before the arbitrator in relation to the self same telephone bills. Accordingly, Suit is allowed to be withdrawn with liberty, as prayed. Refund as per rule. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)