1994 (4) TMI 406

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Sikri and Vikram Dholakia, Advs. ORDER P.N. NAG, J. 1. (Oral) Rule. D.B. 2. By this petition the petitioner has challenged the Award dated 13-2-1993 (Annexure-21) given by respondent No. 2 as an Arbitrator appointed under S. 7-B of the Indian Telegraph Act, 1885 (as amended) (hereinafter referred to as the 'Act') by respondent No. 1 vide letter No. MTNL/ SECTT/793 dated 14-10-1992 to ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....m-Managing Director of the M.T.N.L. by whom in the present case the arbitrator in fact has been admittedly appointed. 5. Section 7-B of the Act reads as under : "7-B. Arbitration of disputes.-- (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 t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... be legally sustained being void ab initio. 6. Mr. Arun Jaitley has not been able to show and substantiate before the Court that the arbitrator has been appointed by the Central Government, which is the authority under Section 7-B of the Act, which could have appointed the arbitrator. In these circumstances, the appointment of the arbitrator and consequently the award (Annexure-21) passed by the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he light of what is discussed above, the appointment of the arbitrator, respondent No. 2 and the award (Annexure-21) passed by him are quashed and set aside and the Central Government is directed !o appoint an arbitrator under S. 7B to adjudicate the abovementioned dispute in accordance with law. The respondent No. 1 is further directed not to recover the amount of any remaining disputed bill or d....