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Madras High CourtWP/22275/2016disposed of

P.Jeremiah, v. The Bharat Sanchar Nigam Ltd.,

2021-10-04Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.22275 of 2016 and W.M.P.No.19005 of 2016 P.Jeremiah ... Petitioner Vs

1. The Bharat Sanchar Nigam Ltd., Rep.by its General Manager, Office of Bharat Sanchar Nigam Ltd., Vellore.

2. The Sub Divisional Engineer (Phones) Bharat Sanchar Nigam Ltd., Arakkonam, Vellore District.

... Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent pertaining to the communication in No.TR/AO-Rural/Genl Corr/ 04177231254/2015-17/20 dated at Vellore the 24.05.2016 and quash the said orders and to direct the 1st respondent to refer the dispute raised by the petitioner on 13.04.2016 to an Arbitrator. For Petitioner :

Mr.G.Jeremiah For Respondents :

Mr.K.Ramakrishna Reddy [For BSNL]

O R D E R

The learned counsel for the respondents made a submission that the issues are to be resolved through Arbitration as per the contract.

2. The learned counsel for the petitioner drew the attention of this Court with reference to the letter dated 13.04.2016, wherein there is a specific request to refer the matter for Arbitration as provided under 7(B) of the Indian Telegraph Act. https://hcservices.ecourts.gov.in/hcservices/

3. In view of the fact that there is a provision for Arbitration, the parties are bound to resolve the issues in the manner prescribed. The learned counsel for the respondents also made such a submission and in this view of the matter, the parties are directed to go before the Arbitrator in terms of the contract and adjudicate the issues and resolve the same in the manner known to law. The said exercise is directed to be done as expeditiously as possible.

4. Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar kak To

1. The General Manager, The Bharat Sanchar Nigam Ltd., Office of Bharat Sanchar Nigam Ltd., Vellore.

2. The Sub Divisional Engineer (Phones) Bharat Sanchar Nigam Ltd., Arakkonam, Vellore District.

W.P.No.22275 of 2016 GMR (CO) PR (25/10/2021) https://hcservices.ecourts.gov.in/hcservices/