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Mr. C. Wilson Vs. Jagmandir Das Baldeo Singh and Co. - Court Judgment

LegalCrystal Citation
SubjectArbitration
CourtAllahabad
Decided On
Judge
Reported inAIR1919All185(1); 52Ind.Cas.653
AppellantMr. C. Wilson
RespondentJagmandir Das Baldeo Singh and Co.
Excerpt:
arbitration - award--costs including fee of arbitrators awarded to one party--fee not fixed by court. before preparation of decree--court, power of, to fix fee after preparation of decree. - - we see no reason not to accept the conclusions that the fees had not been fixed, and that he bad a right to fix the fees......which we can interfere in revision. we, therefore, dismiss this application with costs, including fees on the higher.....
Judgment:

1. The arbitration award provided that the applicant Wilson should pay the costs. The costs included the arbitrators' fees. A decree was prepared under the terms of the award. After the decree was passed according to the findings of the learned Subordinate Judge, it was discovered that the fees of the arbitrators had not been fixed. The learned Judge fixed the fees. We see no reason not to accept the conclusions that the fees had not been fixed, and that he bad a right to fix the fees. We do not consider he fixed the fees too high. Thus the case stands that, if he had fixed the fees before the decree his action would have been correct and could not have been challenged; is the case altered in any way because he fixed the fees after the decree had been passed? We cannot see that there was anything to prevent him from doing this, and there is nothing upon which we can interfere in revision. We, therefore, dismiss this application with costs, including fees on the higher scale.


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