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2018 Supreme(Del) 1156

NAVIN CHAWLA
Delhi State Industrial Infrastructure Development Corporation Ltd. (DSIIDC) – Appellant
Versus
Bawana Infra Development (P) Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Ms. Deepali Gupta, Adv., Mr. Nakul Dewan, Amicus Curiae with Mr. Zain Maqbool, Adv.
For the Respondent: Mr. Prashant Neal, Adv., Mr. Anurag Jain, Adv. for Arbitrator.

JUDGMENT :

NAVIN CHAWLA, J.

1. This petition under Section 39(2) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) has been filed by the petitioner primarily seeking an interpretation of the fee schedule that is provided in the Fourth Schedule to the Act, introduced in the Act by way of the Arbitration and Conciliation (Amendment) Act, 2015. The Fourth Schedule is reproduced hereinunder:-

“THE FOURTH SCHEDULE

[See section 11(14)]

Sum in dispute

Model fee

Upto Rs. 5,00,000

Rs. 45,000

Above Rs. 5,00,000 and upto Rs.20,00,000

Rs. 45,000 plus 3.5 per cent. of the claim amount over and above Rs.5,00,000

Above Rs. 20,00,000 and upto Rs.1,00,00,000

Rs. 97,500 plus 3 per cent, of the claim amount over and above Rs. 20,00,000

Above Rs. 1,00,00,000 and upto Rs.10,00,00,000

Rs. 3,37,500 plus 1 per cent. of the claim amount over and above Rs. 1,00,00,000

Above Rs. 10,00,00,000 and upto Rs. 20,00,00,000

Rs. 12,37,500 plus 0.75 per cent. of the claim amount over and above

Rs.1,00,00,000

























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