GUL MOHAMMAD MATOO Vs. UT OF J&K

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) The case of the writ petitioner has a concise factual content. The petitioner, as being a contractor dealing in minor forest produce extraction, procurement and supply, had participated in an auction for the year 2017-18 which was an auction for extraction, collection and transportation of forest produce known as Bankakri (Podophyllum Hexandrum) of quantity of 105 quintals held by the Divisional Forest Officer, Marwah Forest Division pursuant to an Auction Notice no. 915-37/MFD dtd. 26/7/2017.

(3.) The petitioner had offered the highest bid and that had resulted in execution of an agreement dtd. 9/9/2017 between the petitioner and the Divisional Forest Officer, Marwah Forest Division. All terms and conditions governing the course of dealing were explicitly narrated in said Agreement leaving nothing to speculation, assumption, self-judgement of either of the parties. The commencement of collection and transportation of the said quantity of Ban-kakri from the Marwah Forest Division was to commence upon issuance of work order and the termination date of extraction/collection of said forest produce was 31/12/2017 whereas transportation/removal of the given quantity of the forest produce extract from the transit depot/godown was to take place before 31/3/2018. This Agreement contained an arbitration clause at condition no. 12.