( 1 ) - This appeal arises out of an order dated 24-12-1987 passed by the learned single Judge setting aside an award dated 12-11-1983. The facts relevant for the purpose of the present appeal are as follows :-

( 2 ) THE appellant and the respondent no. 1 are the sons of Late Dungarmal Bachumal Futnani. The respondents Nos. 2 to 4 are the sons of the respondent No. 1. The respondents Nos. 5 to 9 are the sons of the appellant, The respondents Nos. 10 and 11 are the arbitrators.

( 3 ) THE appellant, the respondents Nos. 1 to 9 with their common ancester Late Dungarmal Bachumal Futnani were carrying on 1arge number of businesses through the instrumentality of firms and private limited companies and were also having a charitable trust, particulars whereof would appear from the arbitration agreement dated 14-7-1983. Dungarmal Bachumal Futnani died on 1-4-1983. The respondent No. 1 claims to have ascertained from a letter dated 2-5-1983 addressed by the appellant to Kanga and Company, Solicitors and Advocates, that the said Dungarmal Bachumal Futnani died intestate and that the appellant and the respondent No. 5 were the executors appointed therein. The responde