( 1 ) THIS is an appeal against the order dated 17-2-1990 passed by the Fifth Additional Judge to the Court of District Judge, Jabalpur, in Civil Suit No. 2-A of 1990 refusing to grant temporary injunction against the recovery of the telephone bills of the appellant.

( 2 ) IN this case, the respondents have raised a preliminary objection that the application of the appellant for appointment of an arbitrator is not maintainable because the dispute is not covered under Section 7-B of the Indian Telegraph Act (hereinafter referred to as 'the Act' ).

( 3 ) FOR deciding the preliminary objection, it is necessary to mention some facts here. The appellant was nominated as a member of the M. P. Telecom Advisory Committee on 28-6-1985. His term was extended up to 30-6-1989. In his capacity as a member of the M. P. T. A. C. , a free telephone No. 28888 was provided to him and was installed at his residence. No rent was to be charged for the said telephone and 1200 local calls bimonthly were allowed free on the said telephone. The appellant is also a subscriber of the telephone No. 24382. He has also other two telephone bearing numbers 21432 and 27121 in the name of his sons