Sanjib Banerjee, J.

These petitions for the removal of an arbitrator are a sequel to a suit filed by the petitioner and his son in the year 2010 which was disposed of by allowing a plea under Section 8 of the Arbitration and Conciliation Act, 1996 carried by two of the defendants to the suit. The object of the petitioner’s present exercise may be difficult to comprehend without reference to the suit and the order by which it was disposed of upon the subject-matter of the suit being recognised to be covered by an arbitration agreement.

The petitioner and his son instituted CS No. 121 of 2010 against the three brothers of the petitioner, the members of the families of such brothers and the several companies, partnership firms and proprietorship concerns that made up the Todi joint family business. The primary purpose of the suit was to challenge a memorandum of understanding executed by the petitioner and his brothers in the matter of the division of family assets. The memorandum of understanding of January 31, 2004 provides for a named arbitrator to adjudicate upon “all disputes and differences, mode and manner of implementation of matters in respect of which the parties ha