ORDER: This is an application under section 20 of the Arbitration Act for filling an Arbitration agreement dated 28-1-1958 and for making an order of reference to the Arbitrator namely the Chief Conservator of Forests, Jammu and Kashmir. The brief facts that are relevant for the disposal of this application are that in pursuance of a tender notice in the year 1958 issued by the Conservator of Forests, Jammu Forest Circle, the petitioner tendered for felling of certain trees in Compartment Nos. 16 and 18-A of the Ramban Division, Botate Range, offering Rs. 9,21,777/-. This tender was accepted by the Government. There was a note No. III appended to the said tender notice, which is reproduced in the paragraph No. 3 of the petition. A formal agreement was drawn up between the State and the petitioner on 28-1-1958. The relevant clause which is contained in Note III of the tender notice states that the felling and logging would have to be done in the winter months and completed before March 1958. Long distance skyline cranes had to be installed by F. A. O. experts in these compartments. The experts did not instal the skyline cranes. The petitioner was informed by the D. F. O. Ramban on 3

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