R.L.Khurana, J - (1.) The defendant-society was appointed as the sole distributor by the plaintiff-State of H.P. for the distribution of fertilizer including such mixtures and manures as the plaintiff might decide to distribute in various Districts of the State. For such purpose, six agreements were arrived at between the parties pertaining to different periods as follows: JUDGEMENT_258_CCC3_2003Html1.htm
(2.) All the abovesaid agreements contained an arbitration clause, being clause No. 21. Such clause reads: "All the disputes and differences arising out or in any manner touching or concerning this agreement whatsoever, shall be referred to the sole arbitration of the Secretary (Agriculture and Co-opertion) to Himachal Pradesh Government as such at the time of reference and his award shall be conclusive and binding on the parties to this agreement."
(3.) It appears, that disputes arose between the parties in respect of all the six agreements with regard to the outstanding amounts of the price of fertilizers supplied by the plaintiff State to the defendant-Society from time to time. On such disputes having arisen between the parties, the same came to be referred to arbitration of Shri B.C. Negi, the then Secretary (Agriculture and Co-operation) to the Government of Himachal Pradesh in terms of clause 21 of the agreements referred to above. Six separate references in respect of the six agreements were made, which came to be registered as arbitrtion case No. I to VI on the files of ,the arbitrator. The Arbitrator entered upon the references on 21-3-1984. Separate claims were preferred by the parties in respect of the six references. Though there was no specific order of the Arbitrator consolidating the six references for the purpose of determination of disputes involved therein, the Arbitrator carried out the proceedings in all the six references jointly as if there was only one reference.;