Judgment

KRISHNA IYER, J. - Commercial causes, we may observe prolegomenary fashion should, as far as possible, be adjusted by non-litigative mechanisms of dispute-resolution since forensic processes, dilatory and contentious, hamper the flow of trade and harm bothsides, whoever wins or loses the lis. That is why arbitration is often prudently resorted to when controversies erupt in the course of business dealings. But when basic differences spring up as to which is the arbitration clause that governs, in a plurality of contracts or several steps in evolving a final contract but containing divergent arbitral provisions, the Court comes into the picture, willy nilly. Even so, having regard to the larger interests of justice, and exercise in pre-trial settlement, consistent with judicial non-alignment, is desirable, and so we had suggested to counsel, at an earlier hearing, to bring the parties together on the limited question of the arbitral locus and law, but, notwithstanding genuine efforts by counsel, and perhaps due to substantial factors wighing with the parties, the effort proved fruitless. A legal adjudication may be flawless but heartless but a negotiated settlement will be s