This court held that disputes over telephone bill amounts attract mandatory arbitration under Section 7B of the Indian Telegraphs Act. The suit was disposed of with directions to notify an arbitrator within eight weeks.
Suit disposed; Defendant to intimate Central Government to notify arbitrator within eight weeks.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.208 OF 1994
The Mahanagar Telephone Nigam Ltd. ..Plaintiff
V/s.
Smt.Savitridevi Jajoo. ..Defendant.
Mr.V.V.Shinde i/b. Shukla & Assoc. for Plaintiff.
None present for Defendant.
CORAM: A.M.KHANWILKAR, J.
DATE :JANUARY 31, 2008.
P.C.
1. This Suit has been filed by the Plaintiff
for recovery of amount due and payable by the
Defendants under three different telephone bills in
relation to telephone No.8281485. Defendant is a
subscriber in respect of Telephone No.8281485.
2. The Defendant has filed written statement
and has maintained their stand by disputing the
claim of the Plaintiff being excessive one. In
: 2 :
that sense, dispute has been raised with regard to
the correctness of the amount claimed under the
suit bills, which dispute is squarely covered by
Section 7B of the Indian Telegraphs Act. In such a
case, reference of dispute to arbitration under
Section 7B of the Act is imperative.
3. 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.
V.S.Dempo & Co. & Ors. reported in AIR 1996 SC
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.
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 :
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. In view of the above order, the Suit is
disposed off. Refund as per rules.
8. The Counsel for the Plaintiff-M.T.N.L.
assures that intimation will be given to the
Advocate for the Defendant as well as the Defendant
forthwith about the order passed today in this
suit.
(A.M.KHANWILKAR, J)
2 issues framed by the court
Whether a dispute regarding the correctness of telephone bills attracts Section 7B of the Indian Telegraphs Act mandating arbitration.
Whether the suit filed for recovery of telephone bills deserves to be disposed of by referring the matter to arbitration.
Colour shows how this judgement treated each authority
Telecom District Manager, Goa & Ors. vs. V.S.Dempo & Co. & Ors.Explained¶17
AIR 1996 SC 1545 · Who else cites this
1 provisions across 1 enactments
A.M.KHANWILKAR
As recorded by the court registry
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