ALEX M. GEORGE Vs. SPECIAL DEPUTY COLLECTOR

JUDGEMENT

(1.) By a reference order dated 16/10/2017, a Division Bench of this Court had doubted the correctness of the judgment in Elsie Felix v. Larsen and Toubro (2004 (1) KLT 619) : (AIR 2004 Ker 184) which was followed in Asya v. Sundaram Finance Limited (2016 (3) KLT 195) : (2016 AIR CC 2929 (Ker)).

(2.) The issue involved is relating to the court fee payable for an appeal under section 37(1)(a) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 1996 Act).

(3.) The court fee payable is stipulated under Kerala Court Fees and Suits Valuation Act. Article 4 of Schedule II deals with the court fee payable for filing appeal under section 37(1)(a) of 1996 Act. As far as the appellant is concerned, he sought for arbitration under the National High Ways Act, 1956 and the arbitration proceedings commenced on 12/7/2010. The procedure for arbitration under the National Highways Act, 1956 is in accordance with the provisions of the 1996 Act which enables the claimant/petitioner to challenge an award by invoking Section 34 of the 1996 Act. Petitioner filed an application under section 34 which came to be rejected against which the present appeal has been filed before this court. Article 4 of Schedule II was amended by Kerala Finance Act, 201 w.e.f. 01/04/2013 by which it read :