under Section 23 (4) and 29A of Arbitration and
Conciliation Act, 1996, Section 12A of Commercial Courts Act, 2015 and also
under Section ... filed by applicant is within limitation
period.
8. Sub- Section 5 of Section 12 of Arbitration and Conciliation Act provides
as under :-
(5) Notwithstanding
arbitrator proposed does not
fall within prohibited category under section 12 of Arbitration and Conciliation
Act, 1996.
Signature Not Verified
Signed by: PANKAJ NAGLE
Signing ... falls within any of the
category mentioned in Section 12 of Arbitration and Conciliation Act, 1996.
Commissioner is an employee of Food and Civil Supplies
interested in
affairs of non-applicant, who is covered by Section 12(5) of Arbitration and
Conciliation Act, 1996 and falls under ... Schedule-7 may not be appointed as Arbitrator.
Section 12(5) of Arbitration and Conciliation Act, 1996 is quoted
herein under :
Section 12
note that the proviso to Section 12(5) must be
contrasted with Section 4 of the Act. Section 4 deals with cases
of deemed waiver ... section (5) of
Section 12 read with the Seventh Schedule to the Act and
therefore the disqualification under sub-section (5) of Section 12
read
under Section 34 and under Section 37 of the Act
5 A.A.No. 46 of 2024
is required to be considered.
12. Section ... challenge under Section 34 of the Act.
19.Therefore, the scope of jurisdiction under Section 34 and
Section 37 of the Act is not akin
within the purview of Section 12(1)(a)(c)
of the Act, as present suit has been filed under Section 12 ... there is a Clause-14
pertaining to arbitration. As present suit has also been filed under Section 12(1)
(f) for bonafide requirement of residence
dispute in view of
Section 36 of the Arbitration and Conciliation Act, therefore,
Section 35 of the Stamp Act would not be attracted in this ... Clause 12 of the Arbitration and Conciliation Act .
12. Recently, the Apex Court in the case of Interplay between
Arbitration Agreements under the Arbitration
Arbitrator
without hearing the applicant.
(v) that, as per Section 12(5) of the Arbitration and
Conciliation Act, 1996, the award passed by the Arbitrator ... been defined in Section 2(12) of
the Indian Stamp Act which read as follows :-
"Section (12) Executed and execution - executed and execution,
used
arbitration agreement under sub-
section (1) of Section 7 of that Act. Hence, the remedy which is
provided under Section ... would be
governed by the Arbitration Act, 1996 ."
12. The appellant failed to avail of the remedy under Section 34. If
it were
arbitration agreement under sub-
section (1) of Section 7 of that Act. Hence, the remedy which is
provided under Section ... would be
governed by the Arbitration Act, 1996 ."
12. The appellant failed to avail of the remedy under Section 34. If
it were
