The court disposed of the suit by mandating referral to arbitration under Section 7-B of the Indian Telegraph Act, 1885, following a Supreme Court directive, and directed the plaintiff to secure an arbitrator's appointment within eight weeks.
Court fees refunded; plaintiff directed to secure Central Government appointment of an arbitrator.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.1623 OF 1994
Mahanager Telephone Nigam Limited .... Plaintiffs.
V/s
Smt. Hemlata K. Bangur .... Defendant.
Ms. Jyoti R. Thakkar for plaintiffs. None for defendant.
CORAM: V.M. KANADE, J. DATE : 9th September, 2009
P.C.:
plaintiffs.
Co. and others reported in AIR 1996 SC 1545 this matter will have to be referred to arbitrator as per provisions of amended section 7-B of the Indian Telegraph Act, 1885. In view of the amendment in the Telegraph Act and incorporation of section 7-B, if any dispute concerning any telegraph and telegraph
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authority and the person for whose benefit the line, appliance or apparatus, is, or has been, provided, the dispute shall be determined by arbitration. In view of the ratio of the judgment of the Apex Court in Telecom District Manager, Goa & Others (supra), plaintiffs shall refer the matter to arbitration and the same shall be decided in accordance with law.
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arbitration proceedings in accordance with law and all the rights and contentions of the parties are kept open.
(V.M. KANADE, J.)
2 issues framed by the court
Whether the dispute concerning the telegraph line must be referred to arbitration under Section 7-B of the Indian Telegraph Act, 1885
Whether the impugned suit shall stand disposed of upon reference to arbitration
Colour shows how this judgement treated each authority
Telecom District Manager, Goa and others vs. V.S. Dempo & Co. and othersRelied on¶12
Telecom District Manager, Goa and others vs. V.S. Dempo & Co. and others reported in AIR 1996 SC 1545 · Who else cites this
1 provisions across 1 enactments
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
