SYNDICATE BANK Vs. NISHAD MATHEW AND ORS.

JUDGEMENT

(1.) Dispute is mainly with regard to the actual court fee that is payable in respect of the appeal preferred under Section 37 of the Arbitration and Conciliation Act, 1996, against an order passed by the Additional District Court-V, Emakulam under Section 9 of the Act.

(2.) The case of the appellant/Bank is that, the appellant is required to satisfy only Site court fee which was originally paid in the court of the first instance, which is Rs. 50/- by virtue of Section 52 of the Kerala Court Fees and Suits Valuation Act. But a defect has been noted by the Registry of this Court, pointing out that ad valorem court fee has to be satisfied in terms of Schedule II, Article 4, sub-clause (ii) and that it cannot be with reference to Schedule II Article 3(iii)(A)(1)(a). Hence the matter stands listed for consideration before the Court to pass orders on judicial side.

(3.) For the purpose of easy understanding, a reference to Section 52 of the Act as well as the relevant articles in the concerned Schedule as aforesaid is necessary and hence they are reproduced below: