ARSHAD HUSSAIN Vs. GENERAL OFFICER COMMANDING

JUDGEMENT

(1.) The petitioner is a civilian. He has moved this petition under Sec. 11 (6) of Jammu and Kashmir Arbitration and Conciliation Act, 1997 (for short "the Act") which is pari materia with the Arbitration and Conciliation Act, 1996 for the appointment of an independent arbitrator to resolve the dispute regarding renewal of allotment of shop allotted to him by the respondent.

(2.) A shopping complex known as "Triveni Complex" was established by 26 Infantry Division at Satwari in District Jammu consisting of 20-22 shops. One of the shops was allotted to the petitioner for doing business in electric and electronic goods purely on temporary basis for a fixed period of eleven months. An agreement was executed between the parties to witness the aforesaid allotment and the licence to run the above shop. The first licence/agreement is not available to the petitioner and has not been brought on record by either of the parties. However, the subsequent agreement to the same effect dtd. 1/2/2018 is on record.

(3.) The aforesaid agreement clearly stipulates that it shall be valid from 1/2/2018 to 31/12/2018 and that the petitioner is entitled to run an electronic goods shop on monthly charges @ Rs.4484.00 payable by post dated cheques for the complete duration of the contract which may be renewed for the next year subject to 10% enhancement of the monthly charges. The agreement specifically provides that it is valid for eleven months from the date of signing. It can be terminated by either of the parties by 30 days notice to other party or by mutual agreement of both the parties.