IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2158 OF 1999 The Mahanagar Telephone Nigam Ltd. ... Plaintiff. V/s. M/s.Gaurav Communication Centre and another. ... Defendants. Viral Shukla for the plaintiff. None for the defendant. WITH CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 5th March 2008. DATED: 5th March 2008. DATED: 5th March 2008. P.C.: P.C.: P.C.: . Heard learned counsel for the plaintiff. . Perused plaint. 2. The present suit has been filed by the plaintiff- Mahanagar Telephone Nigam Ltd. for recovery of amount due and payable by the defendants under subject telephone bill. The defendants failed to pay the amount so demanded by the plaintiff as per the said telephone bills, as the defendants contested the demand being excessive one. As the defendants have failed to pay the amount, the plaintiff had no option but to institute the present suits for recovery of the amount under the suit bills. Nobody is appearing for the defendants in spite of service. Even if defendants are absent, disputes need to be adjudicated upon. 3. 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. v. V.S.Dempo & Telecom District Manager, Goa & Ors. v. V.S.Dempo & Telecom District Manager, Goa & Ors. v. V.S.Dempo & Co. & Ors Co. & Ors Co. & Ors. reported in AIR 1996 SC 1545, all the matters deserve to be referred to arbitration. The reference to arbitration is for determination of disputes under section 7B of the Indian Telegraphs Act ("Act" for short), which is a statutory remedy. 4. The Central Government shall notify the arbitrator before whom the present dispute will be tried and decided in arbitration. The plaintiffs 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 notification shall be issued within eight weeks from today. 5. 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, following principles of natural justice. 6. It is made clear that all the issues raised in the present suits at the instance of either side shall be considered on merits in accordance with law in the arbitration proceedings. 7. Needless to mention that the 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. 8. Suit stands disposed of in the above terms. Refund as per rules. 9. The learned counsel for the plaintiff assures that intimation will be given to the defendants, as well as the plaintiff forthwith about the order passed today in these suits. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)