Dispute, The meaning of the word 'dispute' is, 'a controversy having both positive and negative aspects. It postulates the assertion of a claim by one party and its denial by the other', Canara Bank v. National Thermal Power Corporation, (2001) 1 SCC 43.
The term 'dispute' means a controversy having both positive and negative aspects. It postulates the assertion of a claim by one party and its denial by the other, Gujarat State Corporation Land Development Bank v. P.R. Mondkad, (1979) 3 SCC 123: AIR 1979 SC 1203 (1207).
There should be dispute and there can only be a dispute when a claim is asserted by one party and denied by the other on whatever grounds. Mere failure or inaction to pay does not lead to the inference of the existence of dispute. Dispute entails a positive element and assertion in denying, not merely inaction to accede to a claim or a request, Inder Singh Pekhi v. D.D.A., AIR 1988 SC 1007 (1009): (1988) 2 SCC 338.
Once such a claim is made prior to invocation of arbitration, it becomes a dispute, McDermott International Inc. v. Burn Standard Co. Ltd., 2006 (2) RAJ 661. [Arbitration and Conciliation Act, 1996, ss. 8, 11, 34]
Raised is without laying any basis or placing on record any evidence in support thereof, Canara Bank v. National Thermal Power Corportaion, (2001) 1 SCC 43.
A party to a construction contract has the right to refer a dispute arising under the contract for adjudication under a procedure complying with this section. For this purpose dispute includes any difference, CIB Properties Ltd. v. Birse Construction Ltd., (QBD) (2005) 1 WLR 2252 (Housing Grants, Construction and Regeneration Act, 1996, s. 108)