Court fees in sec 34 & sec 37 arbitration act


CASE SCENARIO

"A" - Claimant/DH   "B" - Respondent

Jurisdiction is New Delhi. 

Arbitral Award of Rs. 24,00,000 passed in favour of  "A"

"B" filed a Petition in Sec 34 & Award Set aside. (Case decided in favour of "B")

"B" paid No Court fees (only Rs. 20/- ). 

Now "A" will file Appeal u/s 37 aginst the order of Ld. ADJ at New Delhi..

Questions :

1) What is the actual Court Fee "B" needed to pay ?

2) Does "A" needs to pay Court Fees in Appeal u/s 37 of A&B act 1996 ? If yes then how much ?

Regards

Sanjeev

 

 
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Dear Ramesh Ji

Is there something wrong in the question I asked ?

Regards

 

 
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Dear Ramesh Ji

Thanks for ur prompt response & guidance.

Can "A" take Deficit Court Fees as one of the Grounds in Appeal ?

Regards

 
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Advocates

As per section 8 of Delhi Court fee amendment Act 2012

(iv) for setting aside the arbitral award under section 34;
When made before-
One thousand rupees or one percentum of the amount awarded, whichever is more.

(i) a Civil Judge;

(ii) a District Judge;

(iii) the High Court.

8.(b)
Memorandum of appeal under section 37;

One thousand rupees or one percentum of the amount awarded, whichever is more.


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Advocates

Deficiency of court fee can be made even after judgment.

Better to pay Rs 24000/- before the Court where appeal was filed by you.

 

Objection of Court fee is between Government and the party and not between parties to the suit but you are winning so advisable to not take risk.

 
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