Without referring to the legal notice got issued by the applicant, the 2nd respondent, by letter dated 6.4.2009 informed the applicant that a meeting of all the partners had been convened on 12.04.2009 to discuss about the venture – Chaitnaya Homes. The applicant claims that the said letter was received by him only on 20.04.2009 and therefore he could not attend the meeting and the said fact was informed to the 2nd respondent by letter dated 6.5.2009 requesting to fix another date for meeting with prior intimation. However there was no response from the respondents and on the other hand the 2nd respondent in his capacity as the Managing Partner started sale of flats of Chaitanya Homes. The applicant issued a telegraphic notice dated 29.06.2009 to the 2nd respondent not to proceed with the sales without settling the accounts as claimed in the earlier notice dated 25.03.2009 by referring the disputes for arbitration. As there was no response, the applicant filed Arbitration O.P.No.145 of 2009 in the Court of the II-Addl. District Judge, Guntur seeking injunction restraining the respondents herein from alienating the petition schedule property. Thereafter the present application came to be filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator.
