Dismissed

Mahanagar Telephone Nigam Ltd. v. Smt. Saraswati Mundra and Ors.

Bombay HC16 Oct 2009S/3697/1995

Case brief

AI extract

What is this about?

The court directed the parties to refer the dispute regarding unpaid telephone bills to arbitration under Section 7B of the Indian Telegraph Act, 1885, following Supreme Court precedent. The suit was allowed to be withdrawn pending arbitration.

What did the court decide?

Suit allowed to be withdrawn; matter referred to arbitration; court fees refunded to plaintiff.

Mahanagar Telephone Nigam Ltd. Vs Smt. Saraswati Mundra and Ors. — Arbitration | 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. 3697 OF 1995

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Mahanagar Telephone Nigam Ltd.
Bombay

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...Plaintiff

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vs.

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1(a) Smt. Saraswatidevi
Mundra (Widow of deceased)
and Ors

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...Defendants.

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Mrs.Jyoti R. Thakkar for the Plaintiff.
None for the Defendants.

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 CORAM : V.M. KANADE, J.

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DATED : OCTOBER 16, 2009

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P.C. :-

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1Heard Counsel for the plaintiff. None for

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the Defendants.

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2Suit is instituted by Mahanagar Telephone

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Nigam Limited for recovery of the amounts due and

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payable by the defendants on account of unpaid
telephone bills.

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3The dispute is in respect of correctness of

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the amount claimed by the plaintiff under the bills
which are impugned in this suit which dispute is
squarely covered by the provisions of Section 7B of
the Indian Telegraph Act, 1885. The Apex Court after
taking into consideration the provisions of Section
7B of the said Act in the case of Telecom District

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Manager, Goa vs. V.S. Dempo & Co. reported in AIR
1996 SC 1545 has observed that in view of the
amended provision of Section 7B read with Section
7E, the matter should be referred to arbitration. A
Division Bench of this Court in Writ Petition Nos.
135/1990 and 145/1990 has also referred such cases
to arbitration. In similar other cases also, the
matters have been referred to arbitration.

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4The MTNL, accordingly, therefore, shall

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move the Central Government, expeditiously for the
appointment of arbitrator in view of provisions of
Section 7B of the said Act and judgment of the Apex

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Court. Upon appointment of an Arbitrator, the matter
shall be referred for arbitration in terms of

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Section 7B to the arbitrator. The Central Government
shall issue a notification appointing an arbitrator
within a period of eight weeks from today. The
Arbitratorshallconcludethearbitration
proceedings, expeditiously and in any case, within
six months from the date on which he enters upon the
arbitration or on the date on which the parties are
expected to appear before him. The questions raised
in the suit are kept open.

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5. The suit, accordingly, is allowed to be
withdrawn in terms of reference to arbitration. The
plaintiff is entitled for refund of court fees in
accordance with Rules.

Mahanagar Telephone Nigam Ltd. v. Smt. Saraswati Mundra and Ors.

Case brief

What is this about?

What did the court decide?

Mahanagar Telephone Nigam Ltd. v. Smt. Saraswati Mundra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

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