SHARAT AND CO Vs. STATE

JUDGEMENT

(1.) dispute arose between the parties in regard to forest lease in compart- ment No. 29-G and M Dachan forest, Marwah forest division, and on petition filed by the petitioner herein under S. 20-Arb. Act, same was referred to the arbitration of Chief Conservator of forest. Later on said arbi-trator was removed and the matter was referred to S. Sohan Singh, Ex.-Chief Conservator of forest, for adjudication. The arbitrator made award on Nov. 27, 1989. Petitioner has not objected to the award but State of Jammu and Kashmir, respondent, has filed application under S. 30/33-Arb. Act for setting aside the same on the following grounds :-

(2.) Petitioner-firm has filed objections controverting the abovesaid pleas of the state- respondent and he further stated that even if the averments made in the objections were taken to be correct no case made out for either setting aside the award or reversing it. According to it the arbitrator has applied his mind to the questions and disputes after hearing the parties and their counsel and considering evidence led by the parties. It has also been averred in the objections that there is no error apparent on face of the award and no misconduct of the proceedings has been done by the arbitrator who is a man of repute and integrity.

(3.) This Court on 7/05/1990 framed the following issues for consideration :-