M/S. Afcons Infra. Ltd. & Anr vs M/S Cherian Varkey Constn Co.P.Ltd.& ...

The Supreme Court examined the applicability of Section 89 of the Code of Civil Procedure, determining that a court can refer parties to arbitration even without mutual consent, provided there are elements of a settlement. The Court upheld the High Court's ruling that the absence of a pre-existing arbitration agreement does not preclude referral under Section 89, distinguishing it from the Arbitration and Conciliation Act, 1996. The appeal was dismissed, affirming the trial court's order to refer the matter to arbitration despite the appellants' objections.