:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2954 OF 1993 Gool Burjorji Lam. ..Plaintiff. Vs. Mahanagar Telephone Nigam Ltd.& Anr. ..Defendants Mr.Avinash Joshi i/by Mulla & Mulla for the plaintiff. Ms.S.I. Shah for the Defendant. CORAM : A.M.KHANWILKAR, J. DATE : JANUARY 31, 2008. P.C. P.C. P.C. 1. Heard learned counsel for the parties. 2. The present suit has been filed by the plaintiff challenging the demand bills in respect of telephone charges claimed by the defendant (MTNL) being excessive one. The dispute so raised is squarely covered by the provisions of Section 7B of the Indian Telegraph Act,1885. That position is not disputed by the counsel for the plaintiff. In such a case, reference of dispute to arbitration under Section 7B of the Act is imperative. 3. However, in the present case, in addition to the reliefs claimed in respect of the telephone demand bills, the Plaintiff has asked for further relief of :2: declaring provisions of the relevant Rules as ultra vires. That issue cannot be referred to arbitration and will have to be decided by this Court. Thus understood, the Suit will have to be proceeded on its own merits in accordance with law before appropriate Bench. (A.M. KHANWILKAR, J.)