1. This is an application under section 20 of the Indian Arbitration Act. The petitioner seeks to invoke clause 26 of the agreement, which reads as under:

"If any dispute difference or question shall at any time or times hereafter arise between the Government and the Caterers or any persons or person or corporation claiming under them respectively on account of the breach of any of the covenants, conditions, or agreement here-in contained or otherwise touching or in any way relating to the construction meaning or effect or these presents or any clause or thing here-in contained or the rights duties or liabilities of the said parties respectively touching any valuation matter or thing hereinbefore provided to be determined then every such dispute, difference or question (except such matter the decision where of is other wise expressly hereinbefore provided for) shall be referred to the sole arbitration of the Director General of Civil Aviation, or in case his designation is changed or his office is abolished, to the sole arbitration of the (officer, who for the time being is entrusted, whether or not in addition to other functions, with the function of the Director General of Civil aviation by whatever designation such officer may be called (hereinafter referred to as the said officer and if the Director General or the said officer is unable or unwilling to act, to the sole , arbitration of some other person appointed by the Director General of Civil Aviation or the said officer willing to act as such arbitrator. It will be no objection to any such appointment that the arbitrator so appointed is a Government servant that he had to deal with the matter to which this agreement relates and that in the course of his duties as such Government servant he has expressed views on all or any of she n after in dispute difference or question .The award of the arbitrator so appointed shall be final and binding on the parties .The provisions of the Arbitration Act 1940 or any statutory modification or reenactment thereof for the time being in force and of the rules there under shall apply and this deed shall be deemed to be a submission to arbitration within the meaning of the Indian Arbitration Apt, 1940 or the statutory modification or reenactment there of as aforesaid. The arbitrator may with the consent of the parties enlarge from time to time the time for making and publishing the award. "

2. The aforesaid clause is embodied in an agreement which was executed on 29-6-1981 between the respondents and petitioner. The agreement was for running of restaurant at Civil aerodrome, Srinagar, The petitioner was, contractor of catering and premises were offered to Mm with furniture on hire on the conditions given in the agreement. The agreement was executed for three years that is, from 19th November 9?9 to 18ih November, 1982. The licence fee for the furnished restaurant was Rs. 2400/- per month. Charges of account of electricity, water, conservancy were in addition to the premium. Rights and obligations of the petitioner as licence and respondents as licensors are laid down in the agreement and differences and disputes or any question which may arise between the parties was to be settled in accordance with para 26 of the agreement.

3. After the expiry of he period of agreement eviction proceedings seem Jo have been started against the petitioner under the public Premises (Eviction of Unauthorized Occupants) Act, 1971 and order for eviction under section 5 of the said Act was passed on 17-5-1983 against which an appeal was filed by the petitioner before the District Judge, Budgam. The said appeal was decided on 24-9-1983. The appeal was accepted, order of eviction was set aside and the case was remitted back to the Estate Officer with a direction that he will decide the matter afresh in presence of the parties and in the light of the judgement passed by the D

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