The principal issue which falls for the determination of the Court is whether the provisions of section 41 of the Presidency Small Cause Courts Act, 1882 would bar the jurisdiction of an arbitral tribunal to entertain a claim for specific performance of an agreement of renewal contained in an agreement of licence executed between a licensor and licensee. The relief which has been sought in these proceedings under section 9 of the Arbitration and Conciliation Act, 1996 is an order of injunction restraining the licensor from terminating the agreement of licence and acting upon a communication calling upon the licensee to hand over vacant possession and in particular, restraining the licensor from initiating proceedings for the recovery of possession of the licensed premises. An injunction has also been sought restraining the licensor from disturbing the use and occupation of the premises by the licensee; from entering into any third party rights in respect of the licensed premises. Other consequential reliefs restraining the licensor from interfering with the use of common facilities have been sought.

2. The respondents are licensors and the petitioner is a licensee in res