(1.) IT is the contention of the applicants that the applicants and non-applicants are partners of the firm, M/s. Vidarbha Distillers, Nagpur, registered under the Indian Partnership Act, 1932. The aforesaid firm came into existence in the year 1975. Thereafter, on 28th February, 1982, the partnership was re-constituted and a fresh Deed of Partnership was executed, which is annexed as Annexure A to this application. It is pointed out that this partnership firm consists of four distinct and separate groups, viz. , Dinshaw Bapuna Group, Kailashchandra Sahu Group, Vinodkumar Sahu Group and Wasnik Group, and each of the same four groups has equal share of 25% in the partnership business. It has been also admitted that some dispute between the parties arose in 1984 and that dispute was resolved by the Arbitrator, Shri L. S. Dewani, as per his Award dated 31st December, 1984. As the dispute between the groups had arisen in year 1996, the applicants requested the Arbitrators to intervene in the matter and to arbitrate and decide the dispute by their letter dated 10th June, 1996. That letter is Annexure D to this application. To this, the Arbitrator issued direction to non-applicant No. 3 as under :---
(2.) AS the dispute arose between the parties, the applicants sent written communications on 18th April, 1997 and 19th April, 1997, requesting the Arbitrators to immediately intervene in the matter. However, by letter dated 23rd April, 1997, the named Arbitrators, Mr. L. S. Dewani and Mr. K. P. Dewani, replied as under:---
(3.) HENCE, this application under section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") is filed for appointment of Arbitrators and referring the dispute to them.