2026 INSC 384 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO OF 2026 (@ Special Leave Petition (Civil) No.19026 of 2023)

NAGREEKA INDCON PRODUCTS PVT. LTD. …APPELLANT(S)

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VERSUS CARGOCARE LOGISTICS (INDIA) PVT. LTD. …RESPONDENT(S)

J U D G M E N T

SANJAY KAROL J.

Leave Granted.

2. The short but significant question arising in this appeal is, when the arbitration clause in the contract uses the word ‘can’, does it necessitate the reference of all disputes to arbitration or is recourse to other dispute resolution mechanisms, including that of the Civil Court, open for the parties.

Signature Not Verified RAJNI MUKHI Date: 2026.04.17 Reason:

3. The facts of this case lie in a narrow compass. The appellant is a manufacturer of aluminium foil containers and kitchen rolls. In the course of business, it received a contract for purchase of corrugated boxes of aluminium foil from M/s. American Alupack Industries . The eventual product was to be delivered to South Carolina, USA, and regarding such transport, the appellant contracted with the respondent for a total consideration of Rs.2,23,550/- which was inclusive of freight charges, ocean freight, ACD charges,