MAHANAGAR TELEPHONE NIGAM LTD Vs. USHA INDIA LTD

JUDGEMENT

(1.) THIS intra-court appeal impugns the order dated 13.07.2010 of the learned Single Judge of dismissal of W.P.(C) No.5464/1998 preferred by the appellant. The said writ petition was preferred impugning an arbitration Award pursuant to an arbitration under Section 7B of the Indian Telegraph Act, 1885.

(2.) THE arbitration proceedings had arisen out of a claim by the appellant on the respondent for Rs.40,18,296.00 on account of misuse of telephone for a period of three years. It was the case of the appellant that the respondent, though had not applied for the STD facility on the telephone line, was making STD calls therefrom.

(3.) WE may notice that the respondent had deposited a sum of Rs.18,33,042.00 out of the total demand of Rs.40,18,296.00 with the appellant during the pendency of the proceedings. The Arbitrator accordingly while dismissing the claim of the appellant directed the appellant to refund the said amount to the respondent. The respondent had also filed W.P.(C) No.3735/1998 impugning the Award to the extent it did not grant any interest along with refund.