Sr. No.04 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (Through Virtual Mode) Arb P No.1/2026 Muzaffar Ahmad Malik …Petitioner. Through: Mr. Sahil Parvez Kachroo, Advocate. Vs. Arshid Mehraj Khan ….Respondent(s) Through: Mr. Hasnain Khawja, Advocate. CORAM: HON’BLE THE CHIEF JUSTICE O R D E R 10.04.2026 1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator. 2. The petitioner claims to be the owner of a two-storied building situated at Goni Pora, Kunzar, Tangmarg, and by virtue of licence deed dated 11.01.2025 had licensed the first floor of the building to the respondent for running a restaurant for a period of 11 months. As per the agreement, the respondent was required to pay a license fee @5% per month of the gross sales to the petitioner/licensor. Upon expiry of the license period, the petitioner approached the respondent seeking vacation of the premises and payment of the license fee. However, the respondent neither vacated the premises nor cleared the dues constraining the petitioner to serve eviction notice dated 15.12.2025 upon the respondent urging him to vacate the premises and payment of the license fee. 3. It is submitted that despite serving eviction notice, the respondent failed to vacate the said premises and continued to be in the illegal possession of the premises. Aggrieved, the petitioner invoked arbitration clause 10 of the license deed and served a legal notice dated 21.01.2026 for appointment of an arbitrator. Despite having received the said legal notice, the respondent has neither replied nor appointed any arbitrator constraining the petitioner to file the petition at hand. 3. Pursuant to the notice issued by this Court, the respondent though caused appearance but no reply/ response has been filed on his behalf. 4. The existence of the arbitration clause, as aforesaid, and its invocation by the petitioner is not disputed. 5. Thus, in the given circumstances, learned counsel for the respondent, as always, fairly submits that let an arbitrator be appointed. But since the claim that is sought to be made by the petitioner is vehemently disputed/ denied, it is submitted that respondent be granted liberty to raise all possible pleas/ objections before the arbitral tribunal/ arbitrator in this regard. 6. Accordingly, in the wake of the position sketched out above and in terms of the statements made by the learned counsel for the parties, the petition is allowed. And, with consent of learned counsel for the parties, Mr. Azhar-ul-Amin, Advocate (Mob. No.9419021921) is appointed as the sole arbitrator. Who shall proceed with the matter in accordance with the provisions of the Act. And to make an award within the time provided in the Act itself after charging the prescribed fee along with incidental expenses to be shared by the parties. The respondent is at liberty to raise all the objections as regards the subject matter before the learned Arbitrator. 7. Registry to send a copy of this order to the learned arbitrator. (ARUN PALLI) CHIEF JUSTICE Srinagar 10.04.2026 Abdul Qayoom, Secy. Abdul Qayoom Lone I attest to the accuracy and authenticity of this document 15.04.2026 17:10