JUDGMENT :

N. Kotiswar Singh, J.

1. The present application has been filed under Section 8 read with Section 11 of the Arbitration and Conciliation Act, 1996 (for short the 'Act') for appointment of an arbitrator to settle the dispute between the applicant and the respondents.

2. It is the case of the applicant that there is a shop, being Shop No. 2, situated in SMGS Hospital, Jammu, which is under the management of the respondent no. 1, which was allotted to the applicant on lease for a period of 20 years with effect from 31.01.2003 for which an Agreement was executed on 31.01.2003.

3. As per the aforesaid Agreement, the applicant was to pay a sum of Rs. 50,000 per month as commission-cum-rent for the first 5 years, which was to be enhanced by 10% for the next 5 years and on expiry of 10 years, to be enhanced by another 10% and after 15 years of the contract, the rent was to be increased by 15%.

4. The applicant, accordingly, had been running the Fair Price Shop and selling medicines under the name and style of 'Super Bazar Medical Fair Price Shop'. According to the applicant, he was constrained to approach the Court of Principal District Judge, Jammu, under Section 9 of the Act as the