Court fee on arbitration proceedings
J K Agrawal
(Querist) 01 July 2016
This query is : Resolved
Resp Sirs
A person filed a rent dues recovery suit, against my client, before arbitrator, appointed by the High Court.
No Court fee paid by him. If Court fee is exempted in Arbitral proceedings?
adv.bharat @ PUNE
(Expert) 01 July 2016
It depends up on the TOR of arbitration agreement.
J K Agrawal
(Querist) 02 July 2016
Dear Mr Bhatat.
Thanks
I would like to draw your kind attention that Court Fee is subject of State Revenue and not governed by wish of parties.
Devajyoti Barman
(Expert) 02 July 2016
Matters relating to rent/tenancy is exclusively dealt with by civil court and can not be refereed to arbitration.
The supreme court has already settled this dispute.
I am not sure how the high court has referred this matter to arbitration.
Raise objection of jurisdiction of arbitrator. it is not maintainable .
prabhakar singh
(Expert) 02 July 2016
Mr.Barman is right.
The judgment is here:
Supreme Court of India
Ranjit Kumar Bose & Anr vs Anannya Chowdhury & Anr on 7 March, 2014
Author: A K Patnaik
Bench: A.K. Patnaik, V. Gopala Gowda
https://indiankanoon.org/doc/146440580/
But you need to examine Your own State Tenancy rent Act to determine that your facts are squarely covered by the ratio of this decision.
As regards to arbitration fees,to my knowledge when the award has to be given,the arbitrator asks for stamp duty as per state laws. Your state stamp duty shall guide more in this regard.
prabhakar singh
(Expert) 02 July 2016
One thing more I missed to state that in case you find judgment applicable ,you need to challenge the H.C.'s order in APEX COURT,objection before the arbitrator to that effect would be of no help.
R.K Nanda
(Expert) 02 July 2016
Nothing to add.
Kumar Doab
(Expert) 02 July 2016
Enriching discussion by seniors and experts.
Readers shall benefit from the thread.
J K Agrawal
(Querist) 02 July 2016
Thanks to all respected Friends for taking pain for me. This is an amezing citation and useful to me. (but in present case it is not applicable as no rent control law applicable and the case is governed by the TP act.)
All my friend advocates at Jaipur says that there is no tradition to pay Court Fee in Arbitral proceedings but I am not convinced. No body could refer to me any Law or citation to support them. Nor I got any citation supporting me.
The Rajasthan court fee act says about Fixed (Rs 100 to 250) Court fee in case of APPEAL of Arbitration Award. (Almost all other state has same wordings).
The general rule is that suit for recovery will carry advolerum Court fee. Definition of Court includes Tribunal also.
prabhakar singh
(Expert) 02 July 2016
The court fee is paid under state court fees Act in the court referral is prayed(it is fixed fee in U.P. ) or on appeal against refusal or grant(which is also fixed fee in U.P.).
But there is no provision to pay any court fees before the Arbitrator.However, the Arbitrator can ask for his fees if the H.C.
has not fixed it in it's order including other expenses.
After arbitration is concluded, the award is announced on a nonjudicial paper of value stated in state's stamp duty Act to be provided by the party.
As this matter is governed by law,the question of tradition or non-tradition or convention or non-convention is not the appropriate phrase to use.
