ORDER :

1. Both these petitions are filed under Sec.11(6) of the Arbitration Act for appointment of an arbitrator in context of a dispute. For the purposes of this order, facts of Arbitration Petition No. 116 of 2020 are taken into consideration.

2. The case of the arbitration petitioner is that a firm was formed by original partnership deed dated 13.07.1999 for the purposes of engaging in the business of manufacturing, purchase and sale of all types of pump, motor and their spare parts. The partnership was reconstituted by a partnership deed dated 01.04.2002. It is the case of the petitioners that petitioner Nos. 1 and 2 held 17% and 34% share in the firm, whereas respondents Nos. 1 and 2 held 34% and 15% respectively. The case of the petitioners further is that despite they holding majority share of 51%, the respondent No.1 started conducting business affairs without consent and knowledge of the petitioners and further from the year 2010-2011, he started going in a unilateral manner. An application, therefore, was filed under Sec.9 of the Arbitration and Conciliation Act before the City Civil Court being Civil Misc. Application No. 489 of 2012. The application is still pending.

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