C. K. THAKKAR, J. - This petition is filed by the petitioners for appointment of Shri Otnamal Shamumal as arbitrator and for referring the dispute difference between the parties for adjudication by allowing this petition. Prayer is also made to restrain the respondents from conducting partnership business in the name and style of "Vinayak Cold Storage Company" and from transacting, dealing or transferring the property of Vinayak Cold Storage Company in favour of any other party.

The case of the petitioners was that petitioners and respondents entered into a partnership deed on 30th March, 1996 and started business in the name and style of "Vinayak Cold Storage Company" at Jamnagar. Shares of all the partners were fixed under the said agreement. Clause 4 provides that partnership was "partnership at will". Clause 13 fixed shares of the partners and Clause 21 provided that in case of difference or dispute, the matter shall be settled by arbitrator in accordance with the provisions of the Arbitration and Conciliation Act, 1996. A copy of the partnership deed is at Annexure 'A' to the petition.

It was stated by the petitioners that on 23rd February, 1999, respondent No. 1 issu