K. Ramamoorthy, J.

( 1 ) SUIT No. 1808/95 is filed by East India Hotels Limited f the appointment of the arbitrator. Suit No. 622a/95 is filed by Jyoti Private Limited for appointment of the arbitrator.

( 2 ) I do not want to deal with in detail the contentions of the parties because the parties have agreed for the appointment of an arbitrator with a difference, Mr. H. L. Tikku, learned counsel appearing in suit No. 1808/95 stated that the arbitration proceedings should be distinct and separate in respect of the two suits while Mr. Rajiv Nayyar, learned counsel for the respondent, submitted that the same arbitrator can deal with the subject matter of the two suits.

( 3 ) THE petitioner in suit No. 1808/95 relies upon the agreement called loan Agreement dated 8th of August 1980 in and by which Jyoti Private Limited had agreed to pay certain amounts to the petitioner. The petitioner in S. No. 622a/95 relies upon hotel Operation Agreement between Jyoti Private Limited and East India Hotels Ltd. in and by which East India Hotels Ltd. agreed to carry on the hotel business in the premises of Jyoti Private Limited.

( 4 ) MR. H. L. Tikku. submitted that Jyoti Private Limited under the

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