Ashim Kumar Banerjee, J.

FACTS:

1. The subject matter of dispute would relate to a license for Timber Extraction from the forest of North Andaman. The issue would relate as far as back in 1950’s when the Central Government awarded a contract to the appellant for Timber Extraction from the forest of North Andaman. As per the contract, the appellant was to extract Timber from the forest in exchange of royalty to be paid to the Government. They would start with an initial extraction of 10000 metric ton per annum for about two years that would time to time increase up to 75000 metric tons which later on the Governmental agency admitted, was not possible. The dispute arose as the appellant could not extract required amount of Timber thereby causing loss of royalty to the Government. As per the agreement, the issue was to be resolved through Arbitration, the Government appointed a retired Judge of Allahabad High Court as Arbitrator. The parties filed their respective pleadings. The Arbitration concluded after six years on March 18, 1967. The arbitrator published his award in favour of the Government. The arbitrator held, the appellant was obliged to pay royalty to the extent of R