1. This order will dispose of two matters: -

(1) the main application of the petitioner under section 20 of the Arbitration Act for filing the arbitration agreement and referring the matter to the arbitration of the Chief Conservator of Forests, the arbitrator designate in the agreement, and (2) for issue of temporary injunction restraining the Forest Department from re-auctioning the lease which was sanctioned in favour of the petitioner.

2. The petition as well as the rejoinder to the petition is a very lengthy one, I shall briefly summarise the relevant portions of the petition and the rejoinder. The petition avers that Compartment No. 12/D. P. P. F. Division was leased out to him for the years 1961-63 for a tendered offer of Rs. 14,02,211.69 for a marked volume of 5,03,454 Cft. of timber, mostly of fir species; that the petitioner extracted only a small quantity of timber as the area gets snow-bound much earlier than the setting in of winter; that the Forest Department is at an altitude of 10,000 ft. and timber can be removed therefrom by floating it through the Dudh Ganga Nalla, which is floatable only for two months in a year ; that inspite of the best efforts of the petition

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