Based on the finding in dispute No.
of Salia bamboos and 600 mtrs.
of Daba bamboos respectively make a tonne vide his letter No.
1999 2 SCR 568 The Judgments of the Court were delivered by SANTOSH HEGDE, J. Disputes having arisen between the State of Orissa and the respondent in this civil appeal, in respect of exclusive right and license to fell, cut and remove bamboos, parties opted to go for arbitration as provided in the agreement.
442/78.
Appeal setting aside the order of the Subordinate Judge as well as the award of the Arbitrator and remitted the matter back to the Arbitrator for re determination.
The disputes referred to the Arbitrator for determination areI As provided in Note i under clause 10 of the Agreement, the C.C.F., Orissa has determined that 2300 mtrs, or 7475 running ft.
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 companyy of which is placed in the States written argument and the same is held to be final and binding on both parties.
Appeal No.
Being aggrieved by the order of the High Court referred to above, this appeal is preferred.
The said award of the Arbitrator was made a Rule of the Court by the judgment of the learned Sub Judge, BhRIaneswar dated 7.8.1980 in Misc Case No.
1, he made a companysequential award on the second issue.
The High Court by its judgment dated, 19th of November, 1986 allowed the Misc.
The respondent companypany was entitled to a refund of Rs.2,03,O325 for excess royalty paid.
260/80 before the Honble High Court of Orissa at Cuttack.
Being aggrieved by the said order of the learned Sub Judge, respondent companypany preferred Misc.
Or 1950 running ft.
