Supreme Court of India

Haryana Space Application Centre (harsac) & Anr. v. M/s Pan India Consultants Pvt. Ltd.

Neutral citation
Reported as [2021] 1 S.C.R. 282
Bench L. Nageswara Rao, Indu Malhotra and Ajay Rastogi JJ.
Decided 20 January 2021

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

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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