STEEL CITY BEVERAGES LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE prayer of the petitioner In this writ application is to quash the Annexure -3 dated 13.1.1995 passed by the District Manager of Telecommunication, Jamshedpur whereby the complain of the petitioner against the bill dated 11.1.1995 (Period 1.11.1994 to 31.12.1994) amounting to Rs. 1.98.324/ -has been rejected. Further prayer of the petitioner is to quash the Annexure -9 dated 26.5.1995 issued by the Chief Accounts Officer whereby the petitioner has been directed in pursuance of the order dated 3.1.1995 issued under the order of the respondent No. 3 to pay Rs. 5,00,916/ -against the bill of Telephone No. 423800 and also to quash the Annexure -2 bills dated 11.11,1994 (1.11.1994 to 31.12.1994) amounting to Rs. 1,98,324/ - and bill dated 11.1.1995 (Period 31.10.1994 to 31.12.1994) (Annexure -4) amounting to Rs. 2,88,889/ -.

(2.) THE learned counsel for the petitioner relying on the decision in the case of Telecom District Manager, Goa V/s. V.S. Dempo and Co. and Ors., reported (1996) 8 SCC 753, has submitted that if any dispute concerning any telegraph line, appliance or apparatus arising between the telegraph authority and the person for whose benefit the line, appliance or apparatus is, or has been provided, the dispute shall be determined by an arbitrator. For such determination the matter shall be referred to an Arbitrator appointed by the Central Government either specifically for the determination of the dispute or generally for the determination of the dispute under this section. The learned counsel for the petitioner relying on Sec. 7 -B of the Indian Telegraph Act, 1885 , has submitted that the appropriate direction to the Central Government can be issued for appointment of an Arbitrator in terms of Sec. 7 -B of the Indian Telegraph Act, 1885, to resolve the dispute raised by the petitioner.

(3.) IN that view of the matter, this writ application is disposed of with a direction to the respondents to appoint arbitrator within eight weeks in terms of Sec. 7 -B of the said Act to deal with the respective bill and to decide the dispute. Thereafter the Arbitrator so appointed shall decide the dispute of the petitioner preferably within eight weeks from the date of such appointment of Arbitrator after giving due intimation to the petitioner and allowing the parties to lead evidence in support of their case, if it is so desired by the parties.