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 Principal Secretary, Government of Haryana as the nominee arbitrator of HARSAC which is a Nodal Agency of the Government of Haryana, 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, Government of Haryana as nominee arbitrator of appellant-company (HARSAC), a Nodal Agency of Government of Haryana – Validity of – Held: s.12(5) of the Act (as amended by the 2015 Amendment Act) provides 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 ineligible to be appointed as an arbitrator – s.12(5) read with the Seventh Schedule is a…
Where later benches applied it
Of those, 1 referred to
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