R. N. MISRA, J.

( 1 ) DEFENDANT-PETITIONER was a subscriber of a telephone receiver and ran into arrears of bills to the tune of Rs. 10,020. The Union of India has instituted a suit for recovery of the amount in the court of the learned Subordinate Judge at sambalpur. Defendant challenged the maintainability of the suit relying upon the provision in Section 7-B of the Indian Telegraph Act and also relied upon a single Judge decision of this Court in the case of Nityananda Sahu v. Postmaster General, Orissa, Bhubaneswar, (1976) 42 Cut LT 1049 : (AIR 1977 orissa 48 ). The learned Subordinate Judge took up the question of jurisdiction for determination preliminarily and has found against the defendant. This application is directed against the determination of the issue against her.

( 2 ) SECTION 7-B of the Telegraph Act, provides:--

" (1) Except as otherwise expressly provided in this Act, if any dispute concerning any telegraph line, appliance or apparatus arises between the telegraph authority and the person for whose benefit the line, appliance or apparatus is, or has been, provided, the dispute shall be determined by arbitration and shall, for the purposes of such determination,