As per the case facts the High Court referred disputes to arbitration and appointed a sole arbitrator even though the appellant specifically objected to the existence of an arbitration agreement ... arguing the dispute revolved around a Memorandum of Understanding MOU without an arbitration clause The original opponent appealed this decision The question arose concerning the pre-referral jurisdiction of the Court under Section of the Arbitration and Conciliation Amendment Act specifically whether the High Court could refer disputes to arbitration when the existence and validity of the arbitration agreement itself were disputed Finally the Supreme Court quashed and set aside the High Court's judgment The matter was sent back to the High Court to decide the arbitration petitions afresh and conclusively determine the existence and validity of the arbitration agreement without the Supreme Court expressing an opinion on the merits