Initially the trial court referred the case to arbitration without ensuring that all parties agreed which was an error in applying Section of the Code This decision was then affirmed ... by the High Court Upon appeal it was determined that the trial court should have invoked Section on its own after pleadings and before framing issues and could not refer the case to arbitration without unanimous consent from all parties Consequently the appellate court overturned both the trial court's and the High Court's decisions directing the trial court to consider and decide on a suitable non-adjudicatory ADR process

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