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Judgment
Ajay Rastogi, J.—Instant application has been filed under Order 47 Rule 1 CPC for recalling of the order passed by the Arbitrator dt. 23.11.2007 in Arbitration Application-24/2007.
After examining the dispute which came for consideration this Court finally observed that it is arbitral dispute and to resolve Arbitrator was appointed in terms of Section 11 of the Act and while appointing the Arbitrator remuneration and office expenses were also fixed by this Court. It appears that pending arbitration proceedings the review Petitioner (non-Petitioner) filed counter claim and before the counter claim could come up for adjudication, the learned Arbitrator in terms of manual dt. 04.12.2009 of this Court determining the fee structure payable including that of the counter claim directed the parties to the dispute to pay Rs. 75,000/ - each along with office expenses.
Instant review petition has been filed by the Union of India on the premise that the Arbitrator is entitled to be paid his fee in terms of the order of the Court and no additional fee could be charged.
So far as merit of the order is concerned, the review Petitioner has not raised any objection.
This Court while disposing of the application appointed Arbitrator and determined the remuneration payable including expenses. However, after the manual dt. 04.12.2009 published by this Court fee has been prescribed regarding counter claims if filed by the parties and pursuant thereto Arbitral tribunal has directed the parties to make payment towards fee and expenses vide its order dt. 11.06.2010.
The delay in filing of the present application has also not been satisfactorily explained. However, on merits what has been urged by the counsel for review Petitioner cannot be said to a ground for review of the order dt. 23.11.2007.
Consequently, the review petition is without substance and is hereby dismissed.