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1966 Supreme(SC) 195

K.N.WANCHOO, M.B.SHAH, R.S.BACHAWAT
Wazir Chand Mahajaii – Appellant
Versus
Union Of India – Respondent


Judgment

SHAH, J. : Under an agreement, dated November 1, 1950, with the State of Himachal Pradesh, Triloknath Mahajan-second appellant in this appeal-purchased the right to extract and collect certain medicinal herbs from the forests of Chamba District. The period of the agreement was one year from September l, 1950. By Cl. 22 of the agreement it was provided that all disputes between the parties arising under the agreement or under any clause thereunder or in any manner connected with or arising out of the agreement or the operation thereof, or the rights, duties or liabilities of either parties thereunder including the dispute or difference as to the construction of the agreement shall be referred to the sole arbitration of the Deputy Commissioner, Mandi District, Himachal Pradesh, and if that officer be unable or unwilling to act, to such Assistant as the Deputy Commissioner shall appoint as the sole arbitrator. Triloknath Mahajan transferred all his right, title and interest under the agreement to Wazirchand Mahajan-the first appellant-with the permission of the State of Himachal Pradesh.

2. Disputes arose in October 1950 between the appellants and the State of Himachal Pradesh




















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