(Spl.-H.C.A.S.,C.D.,78-e) FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF BOMBAY AT GOA APPELLATE SIDE WRIT PWTITION No. 152 of 2004 --------------------------------------------------------------------- Office Note, Office Memoranda of Quorum, appearances, Court’s Court’s or Judge’s Orders orders or directions and Registrar’s orders. ---------------------------------------------------------------------- Shri S. D. Padiyar, advocate for the petitioner. Shri V. P. Thali, Senior Central Standing Counsel for the respondent Nos.1 and 2. CORAM : P. V. HARDAS & D. G. KARNIK, JJ. DATE : 26th March, 2004 P.C.: Heard Shri S. D. Padiyar, learned counsel for the petitioner. Shri V. P. Thali, learned Senior Central Government Standing Counsel, accepts notice on behalf of respondent nos. 1 and 2. 2. Shri Thali, learned Senior Central Government Standing Counsel for the respondents, on instructions from the respondents, states that the respondents shall refer the dispute to an Arbitrator under Section 7(B) of the Telegraphs Act. - 2 - On this statement of the learned counsel for the respondents, Shri Padiyar, learned counsel for the petitioner states that the petitioner shall deposit 50% of the disputed telephone bills which is Rs.16,93,124/-. Undisputedly, from out of these bills, the petitioner has paid Rs.2,00,000/-. Therefore, the petitioner states that he shall deposit an amount of Rs.14,93,124/- with the respondents. Today, a cheque has been handed over by the petitioner to the learned counsel for the respondents for the aforesaid amount. In view of the payment of 50% of the disputed bills by the petitioner, the respondents agree to restore the telephone connections. In view of the fact that the respondents have agreed to refer the dispute to arbitration, the petitioner seeks withdrawal of the petition. Payment made by the petitioner is without prejudice to - 3 - his rights and contentions available to the petitioner. Accordingly, Writ Petition No. 152 of 2004 is dismissed as withdrawn, with no order as to costs. P. V. HARDAS, J. D. G. KARNIK, J. mc.