V. K. BARDE, J. - Heard Mr. Totla, learned counsel for the petitioner and Mr. P. M. Shah, learned senior counsel holding for Mr. Amol Savant, learned counsel for the respondents.

The petitioner has contended that he and the respondents formed a partnership under the name of M/s. Vision House, Dalalwadi, Aurangabad. There arose a dispute in respect of the accounts between the petitioner and other partners and he therefore demanded the accounts from the respondents but they failed to furnish the accounts. Therefore, by his letter dated 2.8.2000 he called upon the respondents to appoint an Arbitrator as per provisions of Clauses 12 and 17 of the Partnership deed. The respondents failed to give any response to this demand of the petitioner. The petitioner had given three names in his letter dated 2.8.2000 and as there was no appointment of any Arbitrator he filed the present matter as per the provisions of Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 1996 Act).

The respondents have appeared and have filed two separate Civil application bearing C.A. No. 1857 of 2001 and C.A. No. 2230 of 2001 and in both the applications they have taken a