( 1 ) PETITIONER s O. A. No. 676/1999 for appointment of arbitrator under Section 11 (6) of Arbitration Act has been dismissed on the premise that disputes raised by it fall under Section 15 of Public Premises (Eviction of unauthorised Occupants) Act of 1971 and by implication create a bar against appointment of Arbitrator. Whether such bar operates is the sole question falling for determination.

( 2 ) PETITIONER is licensee of shop Nos. 8 to 25 of shopping Arcade at Ashoka Hotel run by R-1. The parties executed two license deeds providing for an enhanced license fee and containing an Arbitration clause which read thus:-

"all disputes or differences whatsoever arising between the parties out of or relating to the constitution, meaning and operation of effect of this licence deed or the breach thereof shall be settled by arbitration in accordance with the provision of the Indian arbitration and Concilliation Act 1996 and the award made in persuance thereof shall be binding on the parties. "

( 3 ) LATER R-1 raised a demand of Rs. 6. 83 lacs or so on account of arrears of licence fee etc. against petitioner and filed recovery proceedings under Section 7 of the Eviction Act. Th