STATE OF J&K Vs. KAMRAJ FOREST CO

JUDGEMENT

(1.) THIS appeal is directed against judgment the passed by a learned Single judge of this court (Kuchhai J,) dated 31.12.1987. The learned "Single Judge has directed the award to be made a rule of the court and as a consequence of this, he has rejected the objections filed by the appellant herein under section 30 of the Arbitration Act.

(2.) IT appears that vide order dated 13.10.1977 a reference came to be made to the arbitrator with the consent of the learned counsel for the appellant, who had earlier contested the application under section 20 of the Arbitration Act. But subsequently he seems to have withdrawn the objection who regard to the maintainability of the application under section 20 of the Arbitration Act, as a result of which Main JaLal -ud -Din J, as his Lordship then was, referred the matter in dispute to the arbitration of Chief Conservator of Forests.

(3.) PETITIONER in his application under section 20 of the Arbitration Act had raised number of disputes which become the subject matter of reference between the parties before the arbitrator, because no specific point of reference was framed, but entire dispute was referred to the arbitrator. The parties appeared before the arbitrator and filed their claims and counter claims. Thereafter the arbitrator after considerable time filed the award in the court on2.2.1987 though the same was scribed by him on 21.1.1987. The arbitrator, on consideration of the material placed before him, had directed waiving of outstanding amount of Rs. 6,44,430.33 and also has ordered payment of Rs.45,000/ -.