Surya Prakash Kesarwani, J. - (1.) Heard Sri Rakesh Kumar, learned counsel for the applicants and Sri Atul Dayal, learned counsel for the opposite parties. Facts:
(2.) This application under Section 11(4) of the Arbitration and Conciliation Act, 1996 has been filed by a partner of the firm M/s Mayor Constructions for appointment of an arbitrator to resolve the dispute relating to non-rendition of accounts of the firm by the opposite parties.
(3.) Undisputedly, paragraph-17 of the partnership deed dated 15.03.2012 contains an arbitration clause which provides that in case any dispute arises between partners of the firm, then it shall be resolved by an arbitrator appointed under the Arbitration and Conciliation Act and whose decision shall be binding on all the partners under the partnership. The applicants have given a notice dated 27.08.2016 to the opposite parties for appointment of an arbitrator to resolve the dispute. The applicants proposed the name of Hon'ble Mr. Justice Janardan Sahai (retired) as arbitrator since he has already decided the earlier reference. Since the opposite parties have not agreed to the appointment of the arbitrator, hence the applicants have filed the present application. Submissions:;