Kemkar, J. -- 1. The appellant has filed this appeal under section 96 of the Code of Civil Procedure against the decree dated 15th March, 2001 passed by the learned VIth Additional District Judge, Jabalpur in Civil Suit No. 5-A/200l.

2. Brief facts necessary for disposal of this appeal are as follows:

The appellant filed a civil suit against the respondent for declaration and injunction praying for following reliefs:

"A. A decree be passed declaring that the arbitration proceeding be initiated by the defendant at Chennai is illegal and void and further a decree for permanent injunction be passed restraining the defendant taking any steps towards initiation of arbitration proceedings as mentioned in notice dated 16.12.2000.

B. Any other relief which being and appropriate under the circumstances of the case be passed along with cost of the suit."

3. By way of interim relief the appellant filed an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure praying that the defendant-respondent be injuncted from initiating the arbitration proceedings as mentioned in the notice dated 16.12.2000 at Chennai against the plaintiff-appellant.

4. The respondent was noticed by th