Disputes arose in October 1950 between the appellants and the State of Himachal Pradesh regarding the right to companylect herbs from certain areas and the failure of the State authorities to prevent trespassers from removing herbs, the right to which was granted to the second appellant.
On June 22, 1955 the appellants applied to the District Court of Chamba for an order that the agreement dated November 1, 1950 be filed in the Court and that the disputes between them and the State be referred to the sole arbitration of the Deputy Commissioner, Mandi District.
Appeal from the judgment and order dated May 27, 1961 of the Judicial Commissioner, Himachal Pradesh, in first Civil Appeal Order No.
The State of Himachal Pradesh, companytended, inter alia, that the application for filing the arbitration agreement was barred by the law of limitation as the right to apply, if any, arose in the year 1950 and number on June 23, 1952, as alleged.
The appellants addressed a letter on May 30, 1952 to the Chief Conservator of Forests, Himachal Pradesh, requring that Officer to submit the matters in difference to the arbitration of the Deputy Commissioner, Mandi District.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Triloknath Mahajan transferred all his rights, title and interest under the agreement to Wazirchand Mahajan the first appellant with the permission of the State of Himachal Pradesh.
16 of 1958.
D. Mahajan and R. N. Sachthey, for the respondent.
By his reply dated June 23, 1952, the Chief Conservator declined to agree to a reference companytending that the matters desired to be referred to were outside the arbitration clause.
601 of 1964.
The period of the agreement was one year from September 1, 1950.
The Judgment of the Court was delivered by Shah, J. Under an agreement dated November 1, 1950, with the State of Himachal Pradesh, Triloknath Mahajan second appellant in this appeal purchased the right to extract and companylect certain medicinal herbs from the forests of Chamba District.
L. Gosain and Harbans Singh, for the appellants.
22 of the agreement it was provided that all disputes between the parties arising under the agreement or under any clause thereunder or in any manner companynected with or arising out of the agreement or the operation thereof, or the rights, duties or liabilities of either parties thereunder including the dispute or diffe rence as to the companystruction of the agreement shall be referred to the sole arbitration of the Deputy Commissioner, Mandi District, Himachal Pradesh, and if that officer be unable or unwilling to act, to such Assistant as the Deputy Commissioner shall appoint as the sole arbitrator.
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