D. Y. CHANDRACHUD, J.

( 1 ) AN Arbitration Petition in which the Appellant sought relief under Section 9 of the Arbitration and Conciliation Act, 1996, has been dismissed by Mr. Justice D. K. Deshmukh on the ground that since the dispute between the parties arises out of an agreement of leave and licence, the Presidency Small Causes Court has exclusive jurisdiction over the subject matter under Section 41 of the presidency Small Cause Courts Act, 1882. The Learned Single judge has, in taking this view, relied upon his judgment dated 22nd august 2005 in Siemens Ltd. vs. Captech Online Pvt. Ltd. , Arbitration Petition No. 99 of 2004

( 2 ) THE Appellant in the Arbitration Petition, out of which these proceedings arise, sought the following reliefs:- (i) A direction to the Respondent to hand over possession of the premises situated on the Second Floor of a building known as khatau House, Plot No. 410/411, New Udyog Mandir Compound, mogul Lane, Mahim, Mumbai-400 016; (ii) In the alternative, appointment of a Receiver in respect of the premises with a direction to collect compensation at the rate of Rs. 35,000/- per day from the respondent or any occupant for payment to the Appellant; and

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