M/S. New Natural Coco vs S.Eliyas on 21 December, 2021
5. On this issue, the respondent also relies upon the judgment of this
Court in N.Rajagopal, Proprietor v. Motor Co. (2021) 5 CTC 187, wherein this
Court referred to several judgments as to what constitutes a dispute and held
that the existence of a dispute is an essential pre-requisite to the exercise of
jurisdiction by an arbitral tribunal. On the facts of that case, the Court
Page No.4/9
https://www.mhc.tn.gov.in/judis
Arb.O.P (Comm.Div.) No.159 of 2021
concluded that the arbitral proceedings were without jurisdiction in the absence
of a dispute.