M. H. BEG, P. N. SHINGHAL, A. N. RAY
Timber Kashmir Private LTD. – Appellant
Versus
Conservator Of Forests, Jammu – Respondent
Judgment
BEG, J. :- These are three appeals by special leave against the judgment of a Division Bench of the High Court of Jammu and Kashmir, allowing appeals from the judgment of a learned Single Judge. The Jammu and Kashmir Government had filed three applications under Sec. 20 of the Jammu and Kashmir Arbitration Act, 2002, to refer disputes arising out of three agreements between it and the appellant company to arbitration under the arbitration clauses of agreements between the parties. The applications had been dismissed by the learned Single Judge on the ground that the arbitration clause was, in each case, a part of an agreement which was not duly executed in accordance with the provisions of Section 122 (1) of the Constitution of Jammu and Kashmir which correspond to those of Article 299 (1) of the Constitution of India. The Division Bench had allowed the appeals of the Conservator of Forests, Jammu Circle, after holding that the provisions of Section 122 (1) of the Constitution of Jammu and Kashmir could not be said to have been infringed if contracts were signed by the Conservator of Forests in compliance with an order of the Government.
2. The main-stay of the case of the a
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