Court fee for Section 34 arbitration petition not based on award amount; distinct from Section 24 appeals.

JUDGMENT

The prayer in the original petition is to set aside Ext.P1 order issued by the District Judge refusing to number the Arbitration (O.P) and directing the District Court, Thalassery to number Ext.P2 original petition with the Court fee already paid.

2. The petitioner relied on the judgment of this Court wherein it was held that the court fee cannot be based on the award amount as directed by the Court in the impugned order. See the judgments of the Division Bench of this Court in Procurator, R.G.Diocese, Calicut vs. State of Kerala [2003 KHC 105] and Elsie Felix vs. Larsen and Toubro Ltd [2004 KHC 95]. The Court below has relied on the decision of this Court in Elsie Felix (supra) to hold that in an appeal filed against an order passed under Section 24 of the Arbitration and Conciliation Act, the same Court fee as provided at Article 11(m) for an application under Section 34 is applicable. The said judgment cannot be relied on in this case since this is a case where the section 34 application has been filed challenging the award and it is not a case where any enhancement was sought.

3. Ext.P1 order is hence set aside. The original petition is disposed of directing the Court below to number the Arbitration (O.P) with the court fee which has already been paid and consider and dispose of the same in accordance with law. Sd/-