M K CONSTRUCTION COMPANY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a petition preferred by the Contractor against the Order dated 9th February, 1996 made by the Gujarat Public Works Contracts Disputes Arbitration Tribunal, Ahmedabad [hereinafter referred to as, "the Tribunal"] on Transferred Arbitration Reference No. 18 of 1995 in so far as the petitioner-contractor has been directed to pay the Court-Fees as per the provisions of the Gujarat Public Works Contracts Disputes Arbitration Tribunal Rules, 1993 [hereinafter referred to as, "the Rules"].

(2.) The petitioner was a Government contractor. He had certain claims against the State. For resolution of the said claims, the petitioner had approached the Court of the learned Civil Judge [SD], Himatnagar under Section 20 of the Arbitration Act. 1940 for reference of the disputes to the Arbitrator. Under the prevailing rules, the petitioner had paid the Court fees of Rs. 15/-. The said Special Civil Suit No. 44 of 1986 was allowed by the learned Judge. By Order dated 11th July, 1994 made by the learned Civil Judge, the dispute: were referred to the sole arbitrator Shri M.H Vakharia. Feeling aggrieved by the said order, the State Government preferred First Appeal No. 843 of 1995. By Order dated 20th March, 1995 made by this Court [Coram : R.A Mehta & S. K Keshote, JJ.], the said Appeal was allowed. The order of the learned Civil Judge [SD], Himatnagar was quashed and set aside. The matter was ordered to be transferred to the Tribunal. Pursuant to the said order, the matter was transferred to the Tribunal and was registered as Arbitration Reference No. 18 of 1995. On registration of the said reference, the Tribunal made the impugned order calling upon the petitioner, inter alia. to pay the Court fees.

(3.) Mr. Dayani has assailed the impugned order. He has submitted that the petitioner had filed application before the Civil Court under Section 20 of the Arbitration Act of 1940. The petitioner had paid adequate Court fees. In the said application, the Civil Court had made order to refer the dispute to the sole arbitrator Shri M.H Vakharia. Now what is registered in the Tribunal is a Reference which is transferred. Once the petitioner had paid the Court fees before the Civil Court, the petitioner cannot be called upon to pay the Court fees once again before the Tribunal, as that amounts to duplication of the Court fees. The petitioner is, therefore, not liable to pay the Court fees again in the Tribunal. Mr. Dayani has also submitted that under the Rules, the provision is made for payment of Court fees over the references made to the Tribunal. No specific provision in respect of the references which are transferred from the Civil Court or the Arbitrations which are already pending is made. In absence of any specific provision, the petitioner cannot be called upon to pay the Court fees.