D. P. Wadhwa, J. - (1.) I agree.
(2.) I may, however, add that in this case the agreement was entered into in January, 1974. After disputes and differences arose and parties went for arbitration, the Arbitrator gave his Award on November 30, 1978. The Award was challenged by the respondent before the Sub-Judge, Bhubaneshwar who upheld the Award by judgment and order dated August 7, 1980. The matter was taken in appeal before the Orissa High Court by the respondent. High Court by its judgment dated November 19, 1986 allowed the appeal holding that the Arbitrator had failed to decide the actual disputes specifically referred to him and remitted the matter to the Arbitrator for reconsideration under Section 16 of the Arbitration Act. This appeal was filed by the State of Orissa against, the judgment of the High Court and it has taken more than 12 years for the decision of the appeal. However, it was not necessary that the State Government should have challenged the order of the High Court in the circumstances of the case causing unnecessary expense to the parties and the time this Court had to spend in hearing the appeal. Had the State Government abide by the order of the High Court the matter before the Arbitration would have been completed years ago. State cannot act like a private litigant that it must challenge every order made against it. State has to be advised properly if a case required determination of this Court under Article 136 of the Constitution.
(3.) SANTOSH HEGDE, J:- Disputes having arisen between the State of Orissa and the respondent in this civil appeal, in respect of exclusive right and licence to fell, cut and remove bamboos, parties opted to go for arbitration as provided in the agreement. The disputes referred to the Arbitrator for determination are:- 1. "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. of Salia bamboos and 600 mtrs. or 1950 running ft. of Daba bamboos respectively make a tonne vide his letter No. 24755 dated 17-12-1974 (copy of which is placed in the State's written argument and the same is held to be final and binding on both parties." 2. "The respondent company was entitled to a refund of Rs. 2,03,325/- for excess royalty paid." ;