Disposed

Mahanagar Telephone Nigam Ltd. v. Shri Siddhartha Shriwastava.

Bombay HC9 Sept 2009S/2/1993

Case brief

AI extract

What is this about?

High Court ordered that a suit dispute concerning telegraph facilities be referred to arbitration under Section 7-B of the Indian Telegraph Act, 1885, following Supreme Court guidance, directing MTNL to move the Central Government for appointing an arbitrator.

What did the court decide?

Suit disposed; matter referred to arbitration; direction to move Central Government for arbitrator appointment within eight weeks.

Mahanagar Telephone Nigam Ltd. Vs Shri Siddhartha… — Specific Performance | Bombay HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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SUIT NO.2 OF 1993

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Mahanager Telephone Nigam Limited .... Plaintiffs.

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V/s

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Shri Siddharth Shrivastava .... Defendant.

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Ms. Jyoti R. Thakkar for plaintiffs. None for defendant.

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CORAM: V.M. KANADE, J. DATE : 9th September, 2009

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P.C.:

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Heard the learned Counsel appearing on behalf of

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plaintiffs.

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In view of the judgment of the Apex Court in Telecom District Manager, Goa and others vs. V.S. Dempo &

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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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Accordingly, Mahanagar Telephone Nigam Limited, Mumbai shall move the Central Government expeditiously for the appointment of an arbitrator, having regard to the provisions of Section 7-B and the judgment of the Supreme Court. The claim in the suit shall be referred to arbitration upon the appointment of an arbitrator by the Central Government in terms of Section 7-B. Mahanagar Telephone Nigam Limited shall move the competent authority of the Central Government. The Central Government shall issue a notification appointing an arbitrator within a period of eight weeks from today. The arbitrator shall conclude the arbitration proceedings expeditiously and in any event not later than six months from the date on which he enters upon arbitration or from the date on which parties are expected to make their first appearance before the arbitrator whichever is earlier. All the questions that have been raised in the suit will be decided in the course of the

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arbitration proceedings in accordance with law and all the rights and contentions of the parties are kept open.

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The suit shall accordingly stand disposed of in terms of the reference to arbitration.

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There shall be refund of court fees, if any, in accordance with rules.

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(V.M. KANADE, J.)

Mahanagar Telephone Nigam Ltd. v. Shri Siddhartha Shriwastava.

Case brief

What is this about?

What did the court decide?

Mahanagar Telephone Nigam Ltd. v. Shri Siddhartha Shriwastava.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Coram

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