Sanjeev Kumar Jain Vs. Raghubir Saran Charitable Trust
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Head Note
The Arbitration and Conciliation Act, 1996 - Section 11
Appointment of Arbitrator - Whenever the Chief Justice or his Designate appoint arbitrator 's, it will be open to him to stipulate the fees payable to the arbitrator 's, after hearing the parties and if necessary after ascertaining the fee structure from the prospective Arbitrator 's.
The Arbitration and Conciliation Act, 1996 - Section 31 (8)
Cost in Arbitration matter - Usually huge costs are awarded - Arbitration will have to be saved from the arbitration cost - Methods suggestion to avoid high Cost of arbitration.
The Code of Civil Procedure, 1908 - Section 35 , Section 35-A , Section 35-B
Cost of suit - Court whether can award actual cost - The party which succeeded in appeal incurred Rs. 48.25 lakhs as litigation expenses - High Court directed the losing party to pay actual cost of Rs. 48.25 lakhs to succeeding party - Order of High Court set aside - Held - (i) Though there is no restriction on power of Court under Section 35 of C.P.C. in awarding cost, but Court has to observe conditions or limitations prescribed in code or in any rule made by High Court - Held, losing party shall pay the costs of the appeal before the High Court as per Rules plus Rs. 3,000/- as compensatory costs to the respondents - The instant case relates to Delhi High Court, therefore the court could not award costs exceeding the scale prescribed in Schedule to Delhi High Rules - Further held - Whatever may be the 'actual' expenditure incurred by a party, what could be awarded as costs is what is provided in the Rules - Further held - Levy of costs and compensatory costs is one of the effective ways of curbing false or vexatious litigations.
Topic(s)-Ad valorem Court Fee and Fixed Court Fees , Cost in Arbitration Matter , Appointment of Arbitrator