ORDER :

The petitioner (Sree Narayana Dharma Paripalana Yogam, Kollam) is not a party in C.R.P.No.219/2016 on the file of this Court. The petitioner has filed this application for leave to file a review petition in C.R.P.No.219/2016 dated 22.11.2018.

2. The civil revision petition was filed against the order dated 10.3.2016 in LA.No.1212/2016 filed under Section 8 of the Arbitration and Conciliation Act, 1996 in O.S.No.1569/2015 of the Principal Munsiff's Court, Ernakulam. The learned Munsiff allowed the said I.A. by order dated 10.3.2016 and referred the parties for arbitration which was challenged in revision. By order dated 22.11.2018, this Court set aside the impugned order holding that the application filed under Section 8 of the Act is not maintainable.

3. This Court considered the question as to whether the existence of an arbitration agreement as defined under Section 7 of the Arbitration Act is a condition precedent for exercise of power to appoint an Arbitrator/Arbitral Tribunal under Section 11 of the Act. Considering the facts and circumstances involved, this Court followed the dictum laid down in Vimal Kishor Shah & ors. v. Jayesh Dinesh Shah & Ors. [(2016) 8 SCC 788] and