K.T. Sankaran, J.

1. The question involved in this Revision is whether in view of Clauses 24 and 25 of the agreement entered into between the parties the disputes are to be settled by Arbitration under the Arbitration and Conciliation Act or whether the civil court will have jurisdiction to decide the disputes. The court below held that the civil court will have jurisdiction and the parties need not be referred to Arbitration invoking Section 8 of the Arbitration and Conciliation Act, 1996, rejecting the contentions put forward by the defendant. The defendant challenges in this Revision the order passed by the court below.

2. Kottayam Cable Distributor Pvt. Ltd. filed O.S. No.169 of 2008 on the file of the court of the Munsiff of Erattupetta against the revision petitioner (Jolly Thomas) for a permanent prohibitory injunction restraining the defendant from transferring the cable net work contrary to the terms of the agreement entered into between the parties and restraining the defendant from obstructing telecast of the signals of the plaintiff's company. Other ancillary reliefs for injunction were also claimed in the plaint.

3. The defendant entered appearance and filed an app