Supreme Court · 2010 INSC 431 · Decided 26 July 2010
Afcons Infrastructure LTD. and ANR. v. Cherian Varkey Construction CQ. (P) LTD. and ORS.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 431 · [2010] 8 S.C.R. 1053
- Case number
- CIVIL APPEAL No. 6000/2010
- Decided
- 26 July 2010
- Bench
- R.V. RAVEENDRAN, J.M. PANCHAL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 89; Arbitration Act Section 7
Headnote
Code of Civil Procedure, 1908: B c s. 89 - Object of - Held: Is to try for settlement between the parties by resorting to appropriate ADR process before the case proceeds to trial. s. 89 - Anomalies in s. 89 and its correct interpretation - Held: The first anomaly is definitions of D 'mediation' and judicial settlement' under clauses (c) and (d) of sub-section (2) of s. 89 - The second anomaly is that sub­ section (1) of s. 89 imports the final stage of conciliation referred to in s. 73( 1) of the Arbitration and Conciliation Act, 1996 into the pre-ADR
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