JUDGMENT

Prakash Shrivastava, CJ. - This application under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, 'the Act') has been filed for appointment of Arbitrator to resolve the dispute between the parties.

2. The case of the applicants is that the partnership deed dated 4th of May, 1992 was executed between the parties which contained the following Arbitration Clause:

'13. That all disputes and questions whatever, which arise during the partnership or afterwards between the partners shall be referred to a person unanimously appointed to act as Arbitrator and in such case his verdict shall be binding on all the partners.'

3. It is alleged in the AP that the respondent no. 2 had started running parallel business and that the respondent nos. 2 and 3, in order to suppress the illegal activities, had intentionally taken control of the books of accounts and other relevant documents. It is also the case of the applicant that the sale proceeds of the daily sales were also usurped by the respondents in complete deprivation of the applicant. Hence, applicant had sent the notice dated 8th of September, 2021 to the respondents invoking the Arbitration Clause and proposing the