GAMMON INDIA LTD Vs. TRENCHLESS ENGINEERING SERVICES LTD

JUDGEMENT

(1.) By this petition filed under Section 34 of the Arbitration & Conciliation Act, petitioner seeks to impugn interim award dated 22nd July 2013 by which counter claim filed by the petitioner is rejected by the arbitral tribunal on the ground that the petitioner has not deposited the fees of the arbitral tribunal and in view of the respondent refusing to pay the share of fees and expenses the petitioner in so far as hearing of counter claim is concerned.

(2.) Learned counsel appearing for petitioner invited my attention to the minutes of meeting dated 23rd April 2012 held by the arbitral tribunal. The arbitral tribunal had issued direction to the parties to deposit amounts by way of reading fees, sitting fees and towards out of pocket expenses. It was made clear that both the parties shall share the amount in equal ratio.

(3.) Learned counsel for the petitioner submits that since April 2013, respondent has been paying the fees of the arbitral tribunal as well as expenses exclusively including the contribution payable by the petitioner. It is submitted that there was no separate fees prescribed by the arbitral tribunal for payment for hearing counter claim filed by the petitioner. It is submitted that since the respondent has been paying the entire fees and expenses since April 2013, arbitral tribunal could not have rejected the counter claim on the ground of non payment of their fees for hearing the counter claim filed by the petitioner.