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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