M.T.N.L. v. Omnital Industries Ltd.
Case brief
What is this about?
In a suit for recovery of unpaid telephone bills, the court held that the dispute falls under Section 7B of the Indian Telegraph Act, 1885. The suit was allowed to be withdrawn pending mandatory reference to arbitration.
What did the court decide?
Suit allowed to be withdrawn in terms of reference to arbitration. Plaintiff entitled for refund of court fees.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 2690 OF 1994
Mahanagar Telephone Nigam Ltd.
Bombay
...Plaintiff
vs.
Omnitel Industries Ltd....Defendant
Mrs.Jyoti R. Thakkar for the Plaintiff.
None for the Defendant.
CORAM : V.M. KANADE, J.
DATED : OCTOBER 14, 2009
P.C. :-
1Heard Counsel for the plaintiff. None for
Issues for consideration
2 issues framed by the court
Whether the dispute over correctness of telephone bill amounts is covered by Section 7B of the Indian Telegraph Act, 1885 and must be referred to arbitration.
Whether the suit for recovery of unpaid telephone bills is maintainable in civil court or requires arbitration.
Coram
V.M. Kanade
Case details
As recorded by the court registry
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