Rajiv Sahai Endlaw, J.

.1. The appeal under Section 37(2)(b) of the Arbitration Act 1996 is preferred against the order dated 4th June, 2009 of the arbitral tribunal dismissing the application of the appellant and allowing the application of the respondent, both under Section 17 of the Act. The appellant is the dealer for retail sale of certain petroleum products of the respondent, from the premises in Sector-51 Gautam Budh Nagar, NOIDA, UP, on the terms and conditions contained in an agreement dated 23rd August, 1995 between the parties. It is inter alia provided in the agreement that the respondent is the owner/lessee of the land underneath the aforesaid premises at NOIDA and all the structures / apparatus/ equipments installed thereon and wherefrom the appellant was permitted to sell and retail petroleum products belong to the respondent. Under Clause 2 of the said agreement the respondent granted leave and licence and permission to the appellant, for the duration of the agreement, to enter on the said premises and to use the premises and the apparatus and equipments installed thereon for the sole and exclusive purpose of storing, selling and handling the products purch