: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.4117 OF 1993 The Mahanagar Telephone Nigam Ltd. ....Plaintiff V/s. M/s.Kantilal Tokarshi & Co. ....Defendants Mrs.Jyoti R.Thakkar for the Plaintiff. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATED : 25TH AUGUST, 2008. P.C. : 1. In view of the order and judgment dated 18.2.2008 in a group of suits the first of which is suit No.4698 1994, the suit is disposed of in the following terms :- i). "The matter is referred to arbitration for determination of the disputes under Section 7-B of the Indian Telegraph Act, which is a statutory remedy. ii). The Central Government shall notify the Arbitrator before whom the present disputes will be tried and decided in arbitration. The Plaintiff to intimate Competent Authority : 2 : of the Central Government to take immediate steps to notify the Arbitrator in terms of Section 7B of the Act. Such notification shall be issued within eight weeks from today. iii). 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. iv). It is made clear that all issues raised in the present suit at the instance of either side shall be considered on merits in accordance with law in the arbitration proceedings. v). Needless to mention that Arbitrator would also be entitled to adjudicate upon counter-claim, if any. The parties shall also be at liberty to file their rival pleadings if already not filed. vi). The suit is disposed of in the above : 3 : terms. Refund, if any, as per rules. vii). The learned counsel for the Plaintiff assures that intimation will be given to the Advocate for all the Defendants, as well as the Defendants forthwith about the order passed today in this suit.