Ashis Kumar Chakraborty, J. - (1.) The Court: These two applications have been filed under Section 9 of the Arbitration and Conciliation Act, 1996, as amended by Act 3, 2016 (in short "the Act of 1996"). Since the parties to these applications are the partners of the partnership firm namely, M/s. New All Industries & Anr., (hereinafter referred to as "the firm") and the disputes arise out of the same set of facts, both the applications are disposed of by this common order.
(2.) Further, since the facts involved in both the applications are identical, I find it sufficient to mention the facts of the application being AP No.1103 of 2017 (hereinafter referred to as "the first application").
(3.) The petitioner Siddhartha Chatterjee ( hereinafter referred to as "Siddhartha") the respondent nos.1 and 2, namely Subhrangsha Chatterjee and Arunangshu Chatterjee (hereinafter referred to as "Shbhrangshu" and "Arunagshu", respectively) are the brothers and also the partners of the firm. The terms and conditions of the partnership are duly recorded in the partnership deed dated April 1, 1992 signed between the three brothers (hereinafter referred to as "the partnership deed"). The partnership deed also provides for adjudication of all disputes and differences that may arise between the parties relating to their respective rights and obligation in the firm by an arbitral tribunal consisting of three members. According to the Siddhartha, the said partnership is a partnership at will and any of the partners are entitled to retire from the partnership firm. By a letter dated February 28, 2014 addressed to Subhrangshu and Arunangshu, Siddhartha expressed his inability to continue as a partner of the firm and sought to retire from the firm. As per the partnership deed, after retirement from the firm the retiring partner is entitled to obtain the accounts of the firm being drawn up and to receive his 1/3rd share of profit of the business of the firm.;