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C.P. Ramaswamy Naidu Vs. Salammal and ors. - Court Judgment

LegalCrystal Citation
SubjectArbitration;Civil
CourtChennai High Court
Decided On
Reported in(1959)2MLJ417
AppellantC.P. Ramaswamy Naidu
RespondentSalammal and ors.
Excerpt:
- .....is a well-marked distinction between the case where the arbitrator himself applies to have the award filed and the case where he omits to do so and the party prays the court for giving directions to the arbitrator to file the award. section 14(2) runs thus:the arbitrator or umpire shall, at the request of any party to the arbitration agreement or any person claiming under such party or if so directed by the court and upon payment of the fees and charges due in respect of the arbitration and award and of the costs and charges of filing the award, cause the award or a signed copy of it, together with any depositions and documents, which may have been taken and proved before them, to be filed in court, and the court shall thereupon give notice to the parties of the filing of the award......
Judgment:

Ramachandra Ayyar, J.

1. This Civil Revision Petition is directed against the order of the learned Subordinate Judge in O.P. No. .. of 1958 directing the petitioner to pay Court-fee as under Article 11(re) of Schedule II of the Court-fees Act of 1955.

2. The petition that was filed in the lower Court was at the instance of the Arbitrator under Section 14(2) of the Arbitration Act, 1940, for filing the award passed by him. The petition was filed with a Court-fee of Rs. 10 under Article 11, Sub-clause (I) of Schedule II of the Act. The learned Subordinate Judge held that the Court-fee paid was insufficient and that the proper Court-fee was payable under Article 11(n); Article 11(n) states:

Application under Section 14 or Section 20 of the Arbitration Act, 1940, for direction for filing an award or for an order for filing an agreement and application for enforcing foreign awards.

It is not necessary for the purposes of the present case to refer to the rest of the Article. Article 11(1) refers to the original petitions not otherwise provided for. The question therefore is whether the application for filing the award under Section 14 of the Arbitration Act at the instance of the Arbitrator would come under Article 11(n). If it does not come under that Article, the residuary provisions under Sub-clause (1) would apply.

3. Under Section 14 of the Arbitration Act there is a well-marked distinction between the case where the Arbitrator himself applies to have the award filed and the case where he omits to do so and the party prays the Court for giving directions to the Arbitrator to file the award. Section 14(2) runs thus:

The Arbitrator or Umpire shall, at the request of any party to the arbitration agreement or any person claiming under such party or if so directed by the Court and upon payment of the fees and charges due in respect of the arbitration and award and of the costs and charges of filing the award, cause the award or a signed copy of it, together with any depositions and documents, which may have been taken and proved before them, to be filed in Court, and the Court shall thereupon give notice to the parties of the filing of the award.

This section uses the word 'directed' only to cases where the party applies to the Court for the purpose of making the Arbitrator file the award. The word ' directed ' does not apply to a case where the Arbitrator himself applies for the filing of the award as no direction of the Court would be necessary for the Arbitrator to file the award which he can do at any time. The distinction between the case of an Arbitrator himself filing an award and the case where one of the parties to the reference wants to' compel him to file an award has been recognised in the periods of limitation prescribed for each of the remedies. As Article 11(n) of Schedule II of the Court-fees Act contemplates an application seeking a direction for filing an award, it can only comprehend the case where the party wants a direction from Court to the Arbitrator to file the award. It cannot apply to a case where without any direction of the Court the Arbitrator under the right given to him under Section 14(2) himself proceeds to file the award. Such a case has not been provided for in Article 11(n) or elsewhere in the Act. It therefore follows that the present case would come only under Article 11(1) of the Court-fees Act and the Court-fee paid on the application in the lower Court was correct.

4. The lower Court's order is set aside and the lower Court is directed to take the application on its file and dispose of it afresh in accordance with law. No order as to costs.


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