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

ORDINARY

ORDINARY ORIGINAL CIVIL JURISDICTION

ORIGINAL CIVIL JURISDICTION

ORIGINAL CIVIL JURISDICTION

SUIT

SUIT

SUIT NO.2300 OF 1991

NO.2300 OF 1991

NO.2300 OF 1991

M.T.N.L.

Plaintiff

Vs.

Crown Traders

...

Defendant

Mr.S.D.Shukla i.b Shukla & Asso.for Plff

Ms.Dolly Komaria i.b Shah & Singhavi for Deft

CORAM

CORAM

CORAM : A.V.NIRGUDE, J

: A.V.NIRGUDE, J

: A.V.NIRGUDE, J

DATED

DATED

DATED : 4th September 2008

: 4th September 2008

: 4th September 2008

P.C.

P.C.

P.C.

1. It is apparent that the dispute between the

parties is in respect of the correctness of the

suit bills. Such a dispute is squarely covered by

section 7 (b) of The Indian Telegraphic Act. This

dispute is required to be referred to arbitration

in view of the provisions of section 7 (b) being a

statutory remedy.

2. The dispute is referred to arbitration. The

Central Government shall notify the Arbitrator

before whom the dispute would be tried and

decided. The plaintiff shall intimate the

competent authority of the Central Government to

take immediate steps in this regard. The

notification appointing the Arbitrator shall be

issued within 10 weeks from today. The Arbitrator

2

so appointed shall conclude the procedings as

expeditiously as e possible and in any case not

later than 6 months from the date he enters upon

arbitration. All questions raised in the present

suit will have to be decided on its own merits and

in accordance with law in the arbitration

proceedings. In view of this, the plaintiff shall

be entitled to refund of court fees as per rules.

{{{ A.V.Nirgude, J }

A.V.Nirgude, J }

A.V.Nirgude, J }