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As per the case facts a company appealed against a High Court order that appointed arbitrators to resolve a dispute related to a collaboration agreement for residential development The High
...Court had appointed these arbitrators without first conducting a preliminary inquiry into whether the dispute was arbitrable The question arose whether the High Court was justified in appointing arbitrators without first holding a preliminary inquiry into whether the dispute was arbitrable under the relevant agreement clause and law Finally the Supreme Court found the High Court's order unsustainable and sent the case back to the High Court to conduct the necessary preliminary inquiry into the arbitrability of the dispute consistent with its prior observations in related cases