RAGHUBAR DAYAL, J.:- A certain dispute between the applicant and the North-Eastern Railway was referred to an arbitrator in terms of the contract. The arbitration asked the applicant to state his claim and the claim was stated and then the arbitrator called upon the applicant to deposit a certain amount as his fees. The applicant did not deposit the amount and let the statutory period for the making of the award expire. The arbitrator then asked the parties to first get the order of the court for extending the time to make the award. He did not act further in the matter because his fees had not been paid.

The applicant thereupon put in an application under S.11 of the Arbitration Act before the Civil Judge, praying for the removal of the arbitrator on account of his misconduct. The misconduct alleged was that the arbitrator demanded fees from one of the parties only, insisted on payment before acting further as an arbitrator and, in effect, neglected to deliver the award.

The opposite parties supported the arbitrators conduct and the learned Civil Judge held that the arbitrator was justified in demanding his fees, that the amount of fees was not exorbitant but was reasonable