UNION OF INDIA OWING CALCUTTA TELEPHONES Vs. BIKANER PROPERTIES PVT LTD
LAWS(CAL)-1996-7-20
HIGH COURT OF CALCUTTA
Decided on July 17,1996

UNION OF INDIA OWING CALCUTTA TELEPHONES Appellant
VERSUS
MESSRS BIKANER PROPERTIES (PVT) LTD. Respondents


Referred Judgements :-

SARDAR SANTOSH SINGH V. DIVISIONAL ENGINEER,TELEPHONES [REFERRED TO]
NATIONAL DECORATING COMPANY V. UNION OF INDIA [REFERRED TO]
NITYANANDA SAHU VS. POSTMASTER GENERAL [REFERRED TO]


JUDGEMENT

A.K.Dutta, J. - (1.)This Revisional application by the Defendant-Petitioner is directed against the order dated 24th June, 1992 passed by the learned Judge, Sixth Bench, City Civil Court, Calcutta in Title Suit No. 1384 of 1995 before him, for the reasons staled and on the grounds made out therein.
(2.)The plaintiff Opposite Party had filed the relevant Suit before the Court below in view of alleged excessive telephone Bills in respect of their Telephone, as pleaded in the Plaint. The Defendant petitioner had thereafter filed an application before the Court below under section 7B(1) of the Indian Telegraph Act, 1985 (hereinafter referred to as said Act) contending that the Court has no jurisdiction to entertain and try the relevant Suit in view of the provisions contained therein. The learned Judge upon hearing the submissions of both sides had over-ruled the contention of the Defendant-Petitioner and had rejected their said application. The Defendant-Petitioner has thus moved this Court in revision.
(3.)The only point for consideration here is whether, in the nature of the relevant Suit. the Civil Court below would have Jurisdiction to entertain and try the relevant Suit in view of the provisions of section 7-B of the said Act. Section 7-B(1) of the Act reads as follows:
"7-B(1) Except as otherwise expressly provided in this Act, if any dispute concerning any telegraph line, appliance or apparatus arises 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 arbitration and shall, for the purposes of such determination be referred to an arbitrator appointed by the Central Government either specially for the determination of that dispute or generally for the determination of disputes under this section."

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