ILC-2010-SC-ARB-Jul-3
M/s. Afcons Infrastructure Ltd. and another Vs.M/s. Cherian Varkey Constn. Co. Pvt. Ltd. and others
The Code of Civil Procedure, 1908 - Section 89 , Order X Rule (1-A)
Whether section empowers court to refer parties to arbitration without the consent of both -Agreement not contain any provision for arbitration - Dispute - An application under section 89 of the Code - Praying - Formulate terms of settlement - Refer to arbitration - Allowed by trial court - High Court confirmed - Appeal - Court has no power, authority or jurisdiction to refer unwilling parties to arbitration u/sec. 89 - If there is no arbitration agreement - Consent of all - Necessary for arbitration under section 89 - Impugned order of trial court affirmed by High Court set aside - Trial court directed to decide upon a non-adjudicatory ADR process - Appeal allowed.
T.L.V. Iyer, Senior Advocate, V.J. Francis, Anupam Mishra, C.N. Sree Kumar, P.R. Nayak, Dushyant Parashar, Advocates with him
Topic(s)-
Important Decision(s)- A court has no power refer to arbitration u/sec. 89.