JASMEET SINGH, J (ORAL)

1. This is a petition filed under section 39(2) of the Arbitration and Conciliation Act, 1996 (“1996 Act”) seeking directions to the learned Sole Arbitrator i.e. Sh. Rajiv Jain to pass and deliver the Arbitral Award.

2. This Court vide Order dated 24.11.2020 passed in Arb.P. 278/2020 appointed the Sole Arbitrator. Relevant paragraphs reads as under:-

“5. In these circumstances, the petition is entitled to succeed and accordingly, Mr. Rajiv Jain, Advocate, (Mobile No: 9810631437) is with the consent of the parties, appointed as the sole arbitrator for adjudication of disputes in relation to the aforesaid agreement.

6. Before commencing proceedings, learned Arbitrator will ensure compliance of Section 12 of the Act. The fee of the learned Arbitrator will be determined in accordance with Schedule IV of the Act.”

3. A perusal of the above quoted paras clearly shows that the fees of the learned Sole Arbitrator will be in accordance with Fourth Schedule of 1996 Act.

4. My attention has been drawn to the final computation of the learned Sole Arbitrator as recorded in its order dated 12.08.2023 which reads as under:-

5. The learned Sole Arbitrator in the said order has fur