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2006 Supreme(Ker) 646

R.BASANT
Afcons Infrastructure Limited – Appellant
Versus
Cherian Varkey Construction Co. (P) – Respondent


Judgment :-

Does the law, even after the introduction of amended Section 89 into the Code of Civil Procedure, permit, tolerate or enable the court to compulsorily refer the parties to arbitration even without their consent and against their volition? This is the question that is mooted for consideration in this Revision.

2. When the question was raised initially by the learned counsel, Sri.K.L.Varghese, it was considered ridiculous and blasphemous that the court can even think of having such a power. Having heard the counsel in detail, I am satisfied that the question deserves to be considered in depth.

3. To the vital facts first. The suit is one for realisation of money filed by the plaintiff, the first respondent herein. Defendants 1 and 2 in the suit are the petitioners before me. They had entered into an agreement with defendants 3 and 4 relating to the work of construction of Goshree Bridges to link Cochin City with the Vypeen Islands. They, i.e. defendants 1 and 2, had entered into an agreement with the plaintiff, under which the plaintiff was to perform some part of that work as sub contractors under defendants 1 and 2. The work was performed. Certain amounts were paid to def



































































































































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