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1973 Supreme(J&K) 42

S.MURTAZA FAZAL ALI, SYED WASI-UD-DIN, MUFTI BAHA-UD-DIN FAROOQI, JASWANT SINGH, MIAN JALAL-UD-DIN
State Of J. &K. – Appellant
Versus
Goodwill Forest Lessees – Respondent


Advocates Appeared:
Advocate For Appellant: P.S. Nariman
Advocate For Appellant:Additional Advocate General
Advocate For Respondent: R.S. Mehta

These two appeals under the Letters Patent are directed against the decision of Bhat J. sitting singly deciding two applications under S. 20 of the Arbitration Act, one .filed by the Goodwill Forest Co. and the other by Messers Farida Timber Co. by his order dated 9-12-71, the learned Judge dismissed both the applications filed by the respondents before him for making a reference of the dispute to the arbitrator. As the facts of the two cases were more or less identical, the learned judge disposed of both these applications by one common judgment and we also propose to decide the appeals by one judgment.

2. The facts giving rise to the two appeals may be summarized as follows. In the year 1964 the Conservator of forests Jammu Circle invited tenders for leasing out compartments of various forests. In response to the Notification issued by the Conservator the respondents. Goodwill Forest Co. and Farida Timber Co. submitted the tenders. Goodwill Forest Co. submitted its tender for compartments No. 7 and 8 (a) of the Regeneration Deodar Kail working Circle, Dudu Range and the Farida Timber Co. submitted its tender for compartment No. 292 in Mendhar Range, Poonch Division. The tenders o





























































































































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