Supreme Court of India
Haryana Space Application Centre (harsac) & Anr. v. M/s Pan India Consultants Pvt. Ltd.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the view that the appointment of the Principa l Secretary, Government of Haryana as the nominee arb itrator of HARSAC which is a Nodal Agency of the Government of Hary ana, would be invalid under Section 12(5) of the Arbitration and Conciliation Act, 1996 read with the Seventh Schedule.
Judgment, page 5
From the headnote
Arbitration and Conciliation Act, 1996 – s.12(5) r/w Seventh Schedule – Appointment of Principal Secretary, Gove rnment of Haryana as nominee arbitrator of appellant-company ( HARSAC), a Nodal Agency of Government of Haryana – Validity o f – Held: s.12(5) of the Act (as amended by the 2015 Amendment Act) prov ides that notwithstanding any prior agreement to the contrary, any person whose relationship with the parties, or counsel, falls within any of the categories specified in the Seventh Schedule, shall be ine ligible to be appointed as an arbitrator – s.12(5) read with the Seventh Schedule
Where later benches applied it
Of those, 1 referred to
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