R.V. Ghuge, J.

1. Heard. Rule. Rule made returnable forthwith, by the consent of the parties. Heard finally. I have heard learned Advocates for the respective sides in extenso on 28-10-2014, 31-10-2014, 12-11-2014, 13-11-2014 and 25-11-2014.

2. During the course of submissions of the learned Advocates for the respective parties, since it was requested that a final hearing at a later stage would consume substantial time looking at the pendency of final hearing cases, that this matter was heard and the Rule was made returnable forthwith by the consent of the parties. Needless to state that the controversy raised in this petition deserved to be addressed to expeditiously.

3. Issue is as regards two applications filed by the petitioner herein, under Order VI, Rule 17 of the Civil Procedure Code (CPC). The First Application is Exh. 35 and the second Application is Exh. 36.

4. The petitioner has preferred an Application MARJI No. 198/2014 before the learned District Judge at Parbhani under section 9of the Arbitration and Conciliation Act, 1996. Prior to the filing of this petition, both these petitioners were before this Court in Arbitration Appeal No. 3/2014. Application MARJI No. 103/2014 filed before the learned Principal District Judge, Aurangabad was rejected by order dated 17-4-2014 holding therein that the said proceedings were not maintainable on account of lack of territorial jurisdiction. By Judgment dated 9-5-2014 delivered by this Court, the Arbitration Appeal No. 3/2014 was dismissed concluding therein that the impugned order was neither erroneous, nor perverse. The petitioner herein, thereafter preferred MARJI No. 198/2014 before the learned District Judge, at Parbhani.

5. The contentions of the petitioner are summarised as follows:--

a) The partnership deed gives the partnership firm the name and title of M/s. Kasliwal Empire.

b) The partnership deed is signed at Aurangabad.

c) Addresses of both the partners are at Aurangabad.

d) Object of the partnership deed is to construct and develop housing project at village Satara, district: Aurangabad.

e) Registered office of the firm is at Aurangabad.

f) Clause 16(e) prohibits withdrawal of any amount by any partner for his own profit, benefit or use or otherwise except remuneration.

g) Clause 17 of the partnership deed provides for referring any dispute or difference between the parties touching the business of the firm or interpretation of any provision thereof or otherwise relating to the firm and its business, to Arbitration under the Arbitration Act.

h) A joint account in the name of the appellant and the respondent is opened with the Buldana Urban Co-operative Credit Society Limited, Aurangabad branch.

i) Rs. 500/- were credited in the said account on 12-8-2010 by cash for opening the account.

j) On 12-8-2010, an amount of Rs. Nine crores were deposited in the said account by the Buldana Urban Co-operative Credit Society Limited, Aurangabad branch as a loan amount.

k) The firm M/s. Kasliwal Empire has stood security for the project, for which the loan of Rs. Nine crores has been taken.

l) On 12-8-2010, an amount of Rs. Seven Crores was debited by RTGS transfer and again on 12-8-2010 an amount of Rs. One crore was debited to the firm's account. Same are credited to the SBI Account of M/s. Tapadia Construction Ltd.

m) There are several other entries as regards crediting crores of rupees in the said account and withdrawal of several crores on single dates like 31-8-2010, 8-9-2010 and 9-9-2010.

n) The said Buldana Urban Co-operative Credit Society Limited, Aurangabad branch has informed the appellant on 7-9-2012 that the respondent has withdrawn Rs. Eight crores on a single date 12-8-2010 by RTGS transfer to the SBI Bank Account of Tapadia Construction Limited, respondent No. 2.

o) By sale deed dated 30-12-2013, a property was purchased at Hingoli from the money siphoned of by the respondent from the partnership account on 12-8-2010.

p) The said property is purchased in the name of Tapa