As per the case facts the dispute arose over a consultancy agreement where one party claimed commission for helping the other secure a contract A petition was filed to appoint ... a sole arbitrator The respondent argued that the agreement was not valid and the notary was not authorized to sign it The appeal was filed against the High Court s conclusive finding that an arbitration agreement existed and its order appointing an arbitrator The question arose whether the High Court could conclusively determine if an arbitration agreement exists at the referral stage or if that issue should be left for the arbitrator to decide Finally the Supreme Court set aside the High Court s conclusive finding but upheld the appointment of the arbitrator It directed the arbitrator to first decide the preliminary issue of the existence of the arbitration agreement before moving to the merits of the case

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