Afcons Infrastructure and Ors. v. Cherian Verkay Construction and Ors. 2010 (8) SCC 24 : A Critical Analysis
12 Pages Posted: 22 Mar 2015
Date Written: August 24, 2012
Introduction of Section 89 of Code remained a “Trial Nightmare” for quite long period.This nightmare gripped the mind of the Indian judicial system till the recent judgment of Afcons infrastructure and Ors. v. Cherian Verkay Construction and Ors. 2010 (8) SCC 24. I believe the recent judgment finally ended the anomaly of the Alternate Dispute Resolution which is pro bono for the Indian Judicial System.Section 89 of CPC, 1908, its need and the revolutionary changes has brought in terms of ADR practices in India. The mixture in role of Legislature in promoting ADR practices and approach of judiciary in this context is rightly pointed out in this particular case.The 238th Report of Law Commission dated December , 2011 with regard to amending section 89 of the code of civil procedure provides clear understanding of the existing process of Alternate Dispute resolution and how the dynamism of Section 89 could be stopped.
I have tried to highlight the emerging anomaly as to the interpretation of section 89 of the code of civil procedure and its usage as an Alternate Dispute Mechanism through the judgment of Afcons Infrastructure case.
Keywords: Afcons Case, ADR, CPC,Judiciary, Law Commission
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