FLY WING TRAVELS PRIVATE LIMITED Vs. MAHANAGAR TELEPHONE NIGAM LIMITED
HIGH COURT OF DELHI
FLY WINGS TRAVELS PRIVATE LIMITED
MAHANAGAR TELEPHONE NIGAM LIMITED
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(1.)The petitioner seeks quashing of an award dated 19.7.95 given by an arbitrator appointed under Section 7-B of the Indian Telegraph Act, 1885.
(2.)The petitioner is a subscriber of telephone connection No-6875370 installed at the petitioner's office. It is aggrieved by 7 bills between 10th February, 1991 and 1st July, 1992 (both inclusive) which according to the petitioner contained false and highly exaggerated charges. Earlier an arbitrator had by his award dated 8.4.93 allowed relief of 40,000 calls to the petitioner. However, the award was set aside by a Division Bench of this Court in view of an illegality going to the roof of the proceedings in as much as the arbitrator was appointed by MTNL and not by Central Government which had vitiated the appointment itself. The Central Government apointed yet another arbitrator, Mr.K.L.Narula, CAO who has by award dated 19.7.95 dismissed the dispute raised oy the petitioner.
(3.)According to the petitioner, the award is vitiated for two reasons : firstly, it is an unreasoned award; and secondly, it has been given by the arbitrator on expiry of a period of four months from the date of the arbitrator having enetered upon the reference.
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