Supreme Court of India

Afcons Infrastructure Ltd. and Anr. v. Cherian Varkey Construction Cq. (p) Ltd. and Ors.

Neutral citation

Reported as [2010] 8 S.C.R. 1053

Bench R.V. Raveendran and J.M. Panchal JJ.

Decided 26 July 2010

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

13 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the foregoing, it has to be concluded that proper interpretation of section 89 of the Code requires .two changes from a plain and literal reading of the section.

Judgment, page 33

From the headnote

Code of Civil Procedure, 1908: 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 the mixing up of the definitions of '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 reference stage under

Authorities it was built on

1955 Tirath Singh v. Bachittar Singh and Others cited by 20

Where later benches applied it

2023 Bhasker & Anr. v. Ayodhya Jewellers relied on
2020 Avitel Post Studioz Limited & Ors. v. Hsbc Pi Holdings (mauritius) Limited relied on
2018 Kerala State Electricity Board and Anr v. Kurien E. Kalathil and Anr. relied on
2025 M/s Sonali Power Equipments Pvt. Ltd. v. Chairman, Maharashtra State Electricity Board, Mumbai & Ors. referred to
2024 Child in Conflict with Law through His Mother v. The State of Karnataka and Another referred to
2022 M/s. Patil Automation Private Limited and Ors. v. Rakheja Engineers Private Limited referred to
2022 Nemai Chandra Kumar (d) Thr. Lrs. & Ors v. Mani Square Ltd. & Ors referred to
2022 M.P. Rajya Tilhan Utpadak Sahakari Sangh Maryadit, Pachama, District Sehore and Others v. M/s. Modi Transport Service referred to
2019 Perry Kansagra v. Smriti Madan Kansagra referred to
2017 Buoy Sinha Roy (d) by Lr. v. Biswanath Das & Ors. referred to
2015 Gautam Kundu v. Manoj Kumar Assistant Director, Eastern Region, Directorate of Enforcement(prevention of Money Laundering Act) Govt. of India referred to
2016 Suresh Narayan Kadam & Ors. v. Central Bank of India & Ors. mentioned
2015 Lal Shah Baba Dargah Trust v. Magnum Developers and Others mentioned

Of those, 3 relied on · 8 referred to · 2 mentioned

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