1 Arbp12.10 kambli IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.290 OF 2010 IN CIVIL APPLICATION NO.3 OF 2011 IN ARBITRATION PETITION NO.12 OF 2010 ... Dinkar N. Shetty ...Applicant v/s. Krishna Tukaram Thakur ...Respondent ... Mr.P.S.Dani for the Applicant. Mr.Sahil Mahajan for the Respondent. ... CORAM: D.K.DESHMUKH, J. DATED: 7th October, 2011 P.C.: Heard the learned Counsel for the Applicant. Civil Application is granted in terms of prayer clause (a). (D.K.Deshmukh, J.) 2 Arbp12.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.12 OF 2010 ... Dinkar N. Shetty ...Petitioner v/s. Krishna Tukaram Thakur ...Respondent ... Mr.P.S.Dani for the Petitioner. Mr.Sahil Mahajan for the Respondent. ... CORAM: D.K.DESHMUKH, J. DATED: 7th October, 2011 P.C.: The arbitration clause on the basis of which the present Petition has been made is contained in an agreement which is styled as Leave & Licence agreement. 2. The learned Counsel appearing for the Petitioner submitted that though the agreement is styled as Leave & Licence agreement, it really in truth and substance an agreement for conducting a business. 3. The submission appears to have no force, because the 3 Arbp12.10 agreement in terms says that the Hotel is being given on Leave & Licence basis. In this view of the matter, therefore, no arbitrator can be appointed. Petition disposed of. (D.K.Deshmukh, J.)