A R SHAMBULINGA Vs. A C LALITHA

JUDGEMENT

(1.) The short question that arises for consideration of this Court in this writ petition is that, if an application is filed under Section 34 of the Arbitration and Conciliation Act 1996, whether the petitioners are required to pay Court fee either under Section 38 of the Karnataka Court fee and Suits Valuation Act, 1958 or under Article 11(n) of Schedule 11 of Karnataka Court Fee and, Suits Valuation Act.

(2.) 4th respondent was appointed as arbitrator and he passed an award in favour of the respondents 1 to 3 herein. Aggrieved by the same, petitioner filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the award passed by the 4th respondent, which application has been treated as Arbitration suit 4/2002 by the Civil Court Bangalore. Though it is an application filed under Section 34 of he Arbitration and Conciliation Act, the Court treated the same as Arbitration suit, pursuant to High Court of Karnataka Arbitration (Proceedings before the Courts) Rules, 2001. At the time of filing the petition, petitioners have paid a fixed Court fee of Rs.100/- by invoking Article 11(n) (2) of Schedule II of Karnataka Court Fee and Suits Valuation Act.

(3.) Respondents 1 to 3 raised an objection before the Trial Court contending that the Court fee paid by the petitioners is not sufficient and they are required to pay Court fee under Section 38 of the Karnataka Court Fee and Suits Valuation Act, 1958, since the application filed by the petitioners has been treated as a suit by the Trial Court.