M/S. AFCONS INFRA. LTD. 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. The Court held that the trial court's decision to refer the matter to arbitration was valid, emphasizing that the absence of a pre-existing arbitration agreement does not preclude such a reference under Section 89. The High Court's dismissal of the appellants' revision petition was upheld, affirming the interpretation of Section 89 as allowing for arbitration in suitable cases without unanimous consent.