((-1-)) MST IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.4987 OF 1994 The M.T.N.L. Plaintiff versus Mrs.Jasintha D. Nazareth & anr. Defendants Jyoti Thakkar for plaintiff. None for defendants. CORAM : A.M.KHANWILKAR, J. DATE : 25th March 2008 PC : 1. None appears for the defendants. The counsel for the plaintiff submits that the plaintiffs are not interested in pursuing the suit against defendant no.2. In other words, the relief of recovery of outstanding dues is claimed only against defendant no.1. The defendant no.1 has already filed written statement. The stand of the defendant no.1 in the written statement is that the suit bills are exorbitant and fictitious. In other words, the defendant no.1 has disputed the correctness of the telephone bills issued in respect of Telephone No.5604544 installed at the request of defendant no.1. In ((-2-)) MST other words, the defendant no.1 has raised dispute which is covered by Section 7B of the Indian Telegraphs Act. 2. 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. vs. Telecom District Manager, Goa & Ors. vs. Telecom District Manager, Goa & Ors. vs. V.S.Dempo & Co. & Ors. reported in AIR 1996 SC V.S.Dempo & Co. & Ors. reported in AIR 1996 SC V.S.Dempo & Co. & Ors. reported in AIR 1996 SC 1545 1545 1545, the matter deserves to be referred to arbitration. The reference to arbitration is for determination of disputes under Section 7B of the Act, which is a statutory remedy. 3. Considering the fact that there is a statutory remedy of arbitration available, the defendant no.1 will be free to raise all contentions available including that the suit claim has become barred by limitation. 4. The Central Government shall notify the arbitrator before whom the present dispute will be tried and decided in arbitration. The Plaintiff 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. ((-3-)) MST 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. 6. Needless to observe that all questions raised in the present Suit at the instance of either side will have to be decided on its own merits in accordance with law in the arbitration proceedings. 7. The suit is allowed to be withdrawn as against defendant no.2. 8. In view of the above order, the Suit is disposed of. Refund as per rules. 9. The counsel for plaintiff-M.T.N.L. assures that intimation will be given to the advocate for the defendant no.1 as well as defendant no.1 forthwith about the order passed today in this suit. ((-4-)) MST (A.M.KHANWILKAR, J.)