( 1 ) THIS appeal has been preferred against the judgment and decree of the Subordinate Judge, 10th Court, Alipore, whereby the learned Judge has directed the filing of the arbitration agreement in court.

( 2 ) THE facts of the case have been fully set out in the judgment of the court below and it is not necessary to repeat the same. It may only be noted that there is not much of dispute with regard to the facts.

( 3 ) THE facts relevant for the purpose of this appeal may, however, be briefly stated, T. M. S. Mani, the plaintiff in the action and the respondent in this appeal was appointed a selling agent and sales organiser by Messrs Teamco Private Ltd. , the defendant in the action and the appellant herein under an agreement in writing dated 1-4-61. There is an arbitration clause contained in Clause 11 of the said agreement. Clause 11 of the said agreement provides as follows: in case of any dispute arising between the parties, the matter should be referred to the arbitrators, elected by the parties and their decision on the subject will be final". T. M. S. Muni filed an action under Section 20 of the Arbitration Act in the 10th Court of the Subordinate Judge, 24