9911796707
TMI Blog1980 (10) TMI 205X X X X Extracts X X X X X X X X Extracts X X X X ..... its officers and servants from recovering the amount involved in the writ petition, were negatived. 2. A brief re'sume' of facts would help in focusing attention on the dispute involved in this appeal. Appellant applied for and obtained a quarry lease for excavating limestone in an area covering 25.32 acres in Jabalpur District, under the relevant Minor Mineral Rules then in force. The lease was executed by the appellant and the State of Madhya Pradesh on June 26, 1961. Madhya Pradesh Minor Mineral Rules, 1961 ('1961 Rules' for short), came into force with effect from August 11, 1961. By virtue of Rule 24 of 1961 Rules the royalty in respect of quarry leases was regulated as set out in the Schedule annexed to the Rules. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... non-working thereof or the amount or payment of any rent or royalty reserved or made payable hereunder the matter in difference shall be decided by the lessor whose decision shall be final. A hearing was given by Secretary to Government, Department of Natural Resources, Bhopal, respondent 4, where appellant appeared with her advocate Shri P.V. Lele. Respondent 4 by his minutes dated July 5, 1965, held that the appellant had no objection to the assessment of royalty for the period from January 1, 1958 to June 30, 1961, and the only objection raised was against the assessment for the period July 1, 1961 to December 31, 1961. After setting out the objections raised by learned Advocate of the appellant, respondent 4 directed the Mining Office ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arlier decision in S.N. Sunderson & Co. v. The Collector of Jabalpur Misc. Petn. No. 509 of 1965, D/- 4-8-1,969 (Madh Pra), wherein an identical clause in a mining lease came for consideration of the High Court and in respect of which the High Court was of the opinion that it spelt out an arbitration agreement and where a representation is made as envisaged by the arbitration agreement it was a submission to the arbitration and any decision given by the person to whom the submission is made would be an award of an arbitrator and such an award cannot be questioned by way of writ petition under Article 226. Hence this appeal. 5. The first question is whether Clause 15 which we have extracted above spells out an arbitration agreement between ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espect of a dispute or difference that may arise either touching the construction of the terms of the lease deed or disputes or differences arising out of the working or non-working of the lease or any dispute about the payment of renter royalty payable under the lease deed. Therefore, Clause 15 read as a whole provides for referring future disputes to the arbitration of the Governor. Arbitration agreement is not required to be in any particular form. What is required to be ascertained is whether the parties have agreed that if disputes arise between them in respect of the subject-matter of contract such dispute shall be referred to arbitration, then such an arrangement would spell out an arbitration agreement. A passage from Russel on Ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Nagpur, whose decision ' shall be final and binding on the parties hereto. This Court, interpreting this clause, held that it spells out an arbitration agreement and it confers authority on the Chief Conservator of Forests to adjudicate upon disputes, inter alia, as to the performance or breach of the contract. Apart from this, appellant herself has unreservedly accepted Clause 15 spelling out an arbitration agreement. In para 10 of her submission to respondent 4 it was stated as under: 10. That is laid down in Clause 15 of lease deed read with Rule 50(XVI) of the Mining Manual substantial dispute and difference arise touching the construction of these presents of lease deed on the question of payment of royalty. The matter in disput ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and his decision an award, the next question is whether such an award can be questioned by way of a writ petition in the High Court. 10. Arbitration Act, 1940, is a self contained and exhaustive code. It provides for filing arbitration agreement to the jurisdiction of court, appointment and removal of arbitrator by court, making award a rule of Court, remitting or setting aside an award, etc. Where the arbitrator has made an award it can be questioned under Section 33. Section 32 bars a suit on any ground whatsoever for contesting an award and further provides that no award shall be enforced, set aside, amended, modified or in any way affected otherwise than as provided in the Arbitration Act itself. Thus, Arbitration Act, 1940, is a self- ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
