Ghose, J. - (1.) THIS appeal is directed against the judgment and order dated Septemher 1, 1970 delivered and passed by Masud, J. on an application made by the appellant. In the application the appellant claimed mainly super-session of an arbitration agreement contained in the agreement dated August 31, 1951 between the appellant and the respondent. The appellant in the said application also prayed for a declaration that the Arbitrators appointed by the parties in terms of the arbitration agreement contained in the said agreement dated August 31, 1951 have no jurisdiction to proceed with the reference on the ground that the issues involved before the Arbitrators are barred by principles analogue to res judicata in view of an Award made in a previous reference between the parties on the basis of the very same arbitration agreement. The appellant also in the petition prayed for an injunction restraining the Arbitrators from proceeding with the reference.
(2.) IN the appeal before us Mr. Chaudhury appearing on behalf of the appellant has pressed only two of the reliefs claimed before the learned Judge of the Court of the first instance, viz., for an injunction restraining the Arbitrators from proceeding with reference and a declaration that the Arbitrators have no jurisdiction to proceed with the reference before them. IN the appeal the rest of the judgment and order of Masud, J. was not touched upon. The prayers for declaration that the Arbitrators had or has no jurisdiction to proceed with the reference and injunction restraining them from proceeding with the reference are connected with each other although in the main application before Masud, J. the prayer for injunction seems to have been made as and by way of consequential relief to the main relief of super-session of the arbitration agreement or revocation of the authority of the appointed Arbitrators. The facts leading to the making of the application before Masud, J. are set out hereunder: By a contract dated August 31, 1951 executed by and between the appellant and the respondent Union of India, the appellant was granted exclusive rights to cut, fell and extract timber from the forests in the North Andamans for a period of 25 years on the terms and conditions contained in the said contract.
(3.) PURSUANT to the said contract the appellant commenced to fell and extract timber from the said forests. In or about 1961 the appellant referred certain disputes between itself and the Union of India to the arbitration of one Mr. R. Singh, a retired Judge of Allahabad High Court and one Mr. A. N, Lahiri, a retired member of the West Bengal Higher Judicial Service as Arbitrators appointed by the parties in terms of the arbitration agreement contained in the aforesaid contract. In the said arbitration the respondent Union of India made a counter claim for a sum exceeding Rs. 2 crores on account of royalty on the basis of shortfall in felling timber below the minimum guaranteed quantity by the appellant in terms of the said agreement dated August 31, 1961.;