profits; iv) the assets of the firm, v) true information for payment of the debts of the firm to third parties. The applicant had received the audited balance sheet of the said firm till the year ending 31st March, 1999. However, thereafter, the applicant did not receive any accounts statements in respect of the said partnership concern. The respondent deliberately failed and neglected to render the accounts from the period commencing from year 1999 till 2002 to the applicant. Upon various reminders and pursuations by the applicant, the respondent furnished in writing, balance sheet to the applicant for the year ending 31st March, 2003 and ending 31st March, 2004, but thereafter no accounts have been rendered. In the state of confusion, the applicant by letter dated 3rd January, 2011to the respondent to understand and sort this concern, but applicant did not receive any reply. He thereafter sent final reminder dated 22.1.2011 again bringing into light the demeanor committed by the respondent in defrauding the applicant of his legitimate dues and rights. When this failed to move, the applicant sent a notice with an advocate on 26.4.2011 alleging various irregularities and fraud committed by the respondent, invoking arbitration clause in the partnership deed invoking arbitration clause and suggested name of one Mr. Sumit Khandelwal, Advocate as his Arbitrator. The respondent, however, through his advocate by letter dated 12.5.2011 refused to concur to the appointment of Mr. Sumit Khandelwal and instead proposed the name of one Shri Sapan Purohit, Advocate as Arbitrator. The applicant then through his advocate vide letter dated 6.6.2011
