- (1.) ):- I have read the judgment proposed to be delivered by L. M. Sharma, J. with which the learned Chief Justice has agreed. With great respect, I am unable to agree with them on the view that there was no arbitration agreement subsisting covering the dispute in question between the parties. It is, therefore, necessary to refer to certain facts, as I view these.
(2.) This appeal by special leave is directed against the judgment and order of the High Court of Jammu and Kashmir, dated 4th June, 1987. The Jammu and Kashmir Forest Corporation is the appellant. The undisputed facts leading to this appeal are that one Abdul Karim Wani, the respondent No. 1, filed an application for referring certain matters alleged to be in dispute to an independent arbitrator; and that for the last 15 years the respondent had been working as a contractor for the appellant Corporation, namely, Jammu and Kashmir Forest Corpn. and was carrying on various activities in different forest areas in Jammu Province, including felling, machine sawing, pathroo, paccinali, rope span, mahan and transportation.
(3.) It is stated that in February, 1986 the said Corporation issued tenders for felling, handsawing, pathroo, paccinali and mahan work of timber to be extracted from compartment No. 59 Marwah. In response thereto the petitioner to the original application being the respondent herein, submitted his quotation and offered the lowest rate of 11.74 per cft. and thereby secured the contract. A formal agreement was also executed between the parties. In October, 1987 after about 7 months from the issuance of first work order the appellant Corporation through its General Manager (Extraction) issued a sanction for further quantity of 2 lac cft. sawn volume in compartment No. 59 Marwah, on the same rate, terms and conditions as contained in the original contract. The sanction appears at pages 26 and 28 of the present appeal papers before us.;