9911796707
TMI Blog1999 (4) TMI 610X X X X Extracts X X X X X X X X Extracts X X X X ..... amboos respectively make a tonne vide his letter No. 24755 dated 17.12.1974 (copy of which is placed in the State's written argument and the same is held to be final and binding on both parties. 2. The respondent company was entitled to a refund of ₹ 2,03,O325 for excess royalty paid. The Arbitrator by his award held as follows :- As provided in Note :-(i) under clause 10 of the Agreement, the Chief Conservator of Forests has determined that 2300 metres of 7475 running feet of Salia bamboos and 600 metres of 1950 running feet of Daba bamboos respectively make a tone vide his letter No/24755 dated 17.12.1974 copy of which is placed in the State's written argument and the same is held to be final and binding on both ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... servator of Forests, the question of giving reasons in a non speaking award does not arise. Therefore, the High Court ought not to have interfered with the award and the consequential order passed by the Subordinate Judge. On behalf of the respondent, Shri S.B. Sanyal, Senior Advocate contended that the High Court was right in setting aside the award in question since the learned Arbitrator had not at all decided the various points that arose in the first dispute referred to him, therefore, there was non-application of mind by the Arbitrator and consequently the dispute referred to the Arbitrator remained unanswered, hence the High Court was justified in remitting the matter back to the Arbitrator. A perusal of the first dispute referred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accordingly dismissed with costs. D.P. WADHWA, J. I agree. I may, however, `add that in this case the agreement was entered into in January, 1974. After disputes and differences arose and parties went for arbitration, the Arbitrator gave his Award on November 30, 1978. The Award was challenged by the respondent before the sub-Judge, Bhubaneshwar who upheld the Award by judgment and order dated August 7, 1980. The matter was taken in appeal before the Orissa High Court by the respondent. High Court by its judgment dated November 19, 1986 allowed the appeal holding that the Arbitrator had failed to decide the actual disputes specifically referred to him and remitted the matter to the Arbitrator for reconsideration under Section 16 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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