REVA KHETRAPAL, J.

1. This appeal is directed against the judgment and decree of the learned Additional District Judge dated 21.05.2009 wherein and whereunder the suit filed by the plaintiff, being Suit No.611/2008 was held to be hit by Section 5 of the Arbitration and Conciliation Act, 1996 and hence not maintainable before the Civil Court.

2. The plaintiff, who is the appellant in the appeal, filed a suit for declaration and permanent injunction, inter alia, with the following prayers:-

“a. Pass a decre of declaration that the request for the arbitration made by the defendant No.1 on 18/03/08 bearing reference no.1634 submitted by the defendant No.1 to defendant No.2 as illegal and invalid and the impugned notice issued by defendant No.2 on 20/03/2008 pursuant thereto and/or relating thereto as illegal, invalid and void;

b. Pass a decree of declaration that the defendant No.2 has no jurisdiction and initiation of arbitration proceeding vide its letter dated March 20, 2008 is illegal, invalid and void; c. Pass a decree of permanent injunction against defendant No.1, its agent, sole proprietor and employees etc. from continuing to pursue the reference of arbitration and/