mandate under
sub-section (5) of Section 12 read with Seventh Schedule, the Arbitral
Tribunal constituted in the present case – Stationery Purchase
6
Committee consisting ... which sub-section (5) to Section 12 read with Seventh Schedule was
inserted. It is submitted that as held by this Court, Section
Section 12 by amendment
of Act, 2015 read with Seventh Schedule to the Act , Subsection
(5) of Section 12 read with Seventh Schedule ... considering the Subsection (5) of Section 12 read
with Seventh Schedule to the Act , the High Court has allowed
the said application
contended that an "affiliate" entity is
defined under the Seventh Schedule of the Act as amended, to encompass
"all companies ... prescribe. The petitioner also contends that Section 12(5) read with
Seventh Schedule makes it clear that if an arbitrator falls
Counsel relies on the applicability of the Seventh
Schedule of the Act in this regard and particularly Entry 12 thereof. Counsel
also relies on some ... being rendered thus under any of the categories in the
Seventh Schedule. The Supreme Court also placed emphasis on the
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agreement being made with
disability that falls under any of
the categories specified in the Seventh Schedule of the Act and shall be
ineligible to be appointed ... person who falls under any of the categories specified in
the Seventh Schedule shall be ineligible to be appointed
as the arbitrator. There
only in terms of the restrictions imposed by the Fifth and
Seventh Schedule to the Act . Thus Afcons nominated Justice Aloke
Chakrabarti (Retd.), a former ... amendment act, including the Fifth and the Seventh Schedule. Thereafter,
on 19.12.2017, Afcons sent a letter to the Chairman and Managing
Director, RVNL stating that
mandatory or absolute provision. Whereas the relevant requirements
of the Seventh Schedule are mandatory/absolute requirements, the
requirements of Fifth Schedule are only directory/persuasive ... proved in each case. The fact
that the requirements of the Seventh Schedule are mandatory and
absolutely bars/illegalities/handicaps becomes clear from the language
ineligible as he would fall under Entry 1 of the Seventh Schedule to the Act ,
being a former employee of the respondent.
3. Section ... dispute, falls under any of the
categories specified in the Seventh Schedule shall be
ineligible to be appointed as an arbitrator:
Provided that parties
Amended Arbitration and
Conciliation Act read with Seventh Schedule, the learned Arbitrator in the
present case is de jure unable to perform his functions ... provisions apply, it is urged that Section 12 (5) read with Seventh
Schedule of the Act would also be applicable to the facts of this
Section 12(1)(b) read
with the Fifth and the Seventh Schedule to the Act , is palpably erroneous.
He earnestly contended that erroneous statements ... Seventh Schedule is essentially a subset of the Fifth Schedule of
the Act . The grounds indicated in the Fifth Schedule would indicate
circumstances giving rise
