NDLI: Ellora Paper Mills Limited Vs. The State of Madhya Pradesh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Arbitration and Conciliation Act 1966
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Arbitration and Conciliation Act, 1966 – s. 12(5) r/w Seventh Schedule – Arbitration and Conciliation (Amendment) Act, 2015 – Appellant filed petition before High Court under s. 14 r/w ss. 11 & 15 of the Arbitration Act, 1966 seeking termination of mandate of the originally constituted Arbitral Tribunal called as “Stationery Purchase Committee” on the ground that the Committee comprised of officers of the Respondent and as such had rendered themselves ineligible to continue as arbitrators in view of s. 12(5) read with Seventh Schedule – The petition further requested for the appointment of a new arbitrator – High Court held that the Amendment Act, 2015 which inserted s. 12(5) was effective w.e.f. 23.10.2015 and could not have retrospective operation in the arbitration proceedings already commenced unless the parties otherwise agreed and therefore when in the present case the Arbitral Tribunal was constituted much prior to the Amendment Act, 2015 and the Arbitral Tribunal commenced its proceedings, s. 12(5) was not applicable – Held: The Arbitral Tribunal-Stationery Purchase Committee consisted of officers of the Respondent-State – Therefore, as per Amendment Act, 2015 - sub-section (5) of s. 12 r/w Seventh Schedule, all of them became ineligible to become arbitrators and to continue as arbitrators – s. 12 was amended by Amendment Act, 2015 based on recommendations of the Law Commission, which specifically dealt with the issue of “neutrality of arbitrators” – To achieve the main purpose for amending the provision, namely, to provide for “neutrality of arbitrators”, sub-section (5) of s. 12 lays down that notwithstanding any prior agreement to the contrary, any person whose relationship with the parties or counsel or the subject matter of the dispute falls under any of the categories specified in the Seventh Schedule, he shall be ineligible to be appointed as an arbitrator – In such an eventuality, i.e., when the arbitration clause is found to be foul with the amended provision, the appointment of the arbitrator would be beyond the pale of the arbitration agreement, empowering the Court to appoint such an arbitrator as may be permissible – That would be the effect of the non obstante clause contained in sub-section (5) of s. 12 and the other party cannot insist upon the appointment of the arbitrator in terms of the arbitration agreement – In the present case, the Stationery Purchase Committee-Arbitral Tribunal comprising of officers of the respondent-State were all ineligible to become and/ or to continue as arbitrators in view of the mandate of sub-section (5) of s. 12 r/w Seventh Schedule – Such an Arbitral Tribunal cannot be permitted to continue and therefore a fresh arbitrator has to be appointed as per the Arbitration and Conciliation Act, 1996.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2022 INSC 11
Petitioner	Ellora Paper Mills Limited
Respondent	The State Of Madhya Pradesh
SCR	[2022] 16 S.C.R. 399
Judgement Date	2022-01-04
Case Number	7697

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Ellora Paper Mills Limited Vs. The State of Madhya Pradesh

Please Log-in to view this content

State of Madhya Pradesh & Ors. Vs. Orient Paper Mills Ltd

Rashtriya Ispat Nigam Limited and Anr. Vs. M/s Verma Transport Company

Haryana Tourism Limited Vs. M/s Kandhari Beverages Limited

State of Madhya Pradesh and Ors. Vs. Orient Paper Mills Ltd.

Tarapore and Co. Vs. State of Madhya Pradesh

M/s Nandan Biomatrix Limited Vs. D 1 Oils Limited

Lombardi Engineering Limited Vs. Uttarakhand Jal Vidyut Nigam Limited

The State of Madhya Pradesh Vs. M/s Sew Construction Limited & Ors.

Arasmeta Captive Power Company Private Limited and Another Vs. Lafarge India Private Limited

Ellora Paper Mills Limited Vs. The State of Madhya Pradesh

Ellora Paper Mills Limited Vs. The State of Madhya Pradesh

Please Log-in to view this content

Similar Documents

State of Madhya Pradesh & Ors. Vs. Orient Paper Mills Ltd

Rashtriya Ispat Nigam Limited and Anr. Vs. M/s Verma Transport Company

Haryana Tourism Limited Vs. M/s Kandhari Beverages Limited

State of Madhya Pradesh and Ors. Vs. Orient Paper Mills Ltd.

Tarapore and Co. Vs. State of Madhya Pradesh

M/s Nandan Biomatrix Limited Vs. D 1 Oils Limited

Lombardi Engineering Limited Vs. Uttarakhand Jal Vidyut Nigam Limited

The State of Madhya Pradesh Vs. M/s Sew Construction Limited & Ors.

Arasmeta Captive Power Company Private Limited and Another Vs. Lafarge India Private Limited

Ellora Paper Mills Limited Vs. The State of Madhya Pradesh