JAGDISH PRASAD AGRAWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This application has been filed by the applicants -Union of India through Divisional Railway Manager, North Western Railway, Jaipur inter alia with the prayer that fees payable to the Arbitrator appointed by order dated 24.07.2015 passed by Designate Judge of the Hon'ble Chief Justice of this Court be fixed as per the Manual of Procedure for Alternative Dispute Resolution, 2009(for short 'the Manual') in place of Fourth Schedule appended to Arbitration and Conciliation Act, 1996.

(2.) Mr. Shailesh Prakash Sharma, learned counsel for the applicant submitted that sole Arbitrator appointed by this Court vide his order dated 09.10.2015 has issued interim direction to the parties to deposit Rs. 1,00,000/ - towards the fees and Rs. 3,000/ - per hearing towards the expenses, which amount has to be equally shared by both the parties. Learned Arbitrator has observed that fees fixed by the Manual is extremely low as compared to fees payable to the Arbitrators in Delhi, Maharashtra, Punjab and Haryana and other States of the Country.

(3.) Mr. Devidutt Sharma, learned counsel for the non -applicant submitted that this Court by its recent Notification dated 10.05.2016, amended Clause 34 of the Manual by providing that Fees shall be paid to the arbitrators as per the Fourth Schedule appended to the Arbitration and Conciliation Act, 1996 inserted by the Arbitration Conciliation (Amendment) Act, 2015. Apart from that the amended Clause 34 has also increased secretariat assistance allowance, therefore, now no fresh direction is required to be issued. Learned counsel has submitted that in addition to payment of secretariat assistance allowance, payment of actual and incidental expenditure should also be required to be made and to that extent, difficulty faced by the learned Arbitrators may be appreciated. He submitted that Amended Clause 34 should apply to all cases where award has yet not been passed.