S.C.DATTA, S.MAJUMDAR, D.KARFORMA
GASTO BEHARI PATRA – Appellant
Versus
CHIEF GENERAL MANAGER, CALCUTTA TELEPHONES – Respondent
Mr. Justice S.C. Datta, President—Vide order dated 28.8.1997 the Forum referred the disputed bill for Cycle 9/1996 to the Arbitrator under Section 7B of the Indian Telegraph Act with a direction to the Arbitrator to commence the proceeding before him within 45 days from the date of receipt of disputed bill and to conclude the proceeding within the subsequent two months. Certain other directions were also passed. Being aggrieved thereby, the petitioner has appealed. The learned Counsel for the appellant submits that it has become almost a routine affair to refer the dispute regarding excess billing of a telephone to the Arbitrator without itself examining and deciding the dispute on the basis of materials available before the Forum. He of course submits that in appropriate cases reference to the Arbitrator may be necessary, but it cannot be made as a matter of rule. The substance of his arguments is that the Forum itself should resolve the dispute regarding excess billing instead of referring the dispute to the Arbitrator. It appears that the self same point was raised before the Forum and the Forum by the impugned judgment discussed the matter threadbare and disposed of the qu
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