2016 AIR CC 2929 (KER) ::(2016) 4 CivLJ 320 ::(2017) 1 ArbiLR 437 ::(2016) 3 Ker LT 195 ::(2016) 3 Ker LJ 157

Kerala High Court

Hon'ble Judge(s): P. R. Ramachandra Menon, Anil K. Narendran , JJ

(A) Kerala Court Fees and Suits Valuation Act (10 of 1960) Sch. 2 , Art. 4 (as amen-ded w. e. f. 1.04.2013) — Arbitration and Conciliation Act (26 of 1996), Ss 9, 37(1)(a) — Arbitration appeal against interim order — Court fees payable — Is in terms of Art 4(1) of Second schedule and not on ' ad valorem basis— By virtue of the amendment of the Kerala Court Fees and Suits Valuation Act, 1959 w.e.f 01.04.2013 the court fee payable in respect of appeals preferred under S. 37 (1) (a) of the Arbitration and Conciliation Act arising from interim orders passed by the District Court need not be on ' ad valorem— basis and it shall be in terms of Article 4 (i) of the second schedule, to the extent it is applicable. If any factual situation arises wherein such interim order cannot be fit into the slot of Art. 4 (i) of the Second Schedule, the Court Fee payable in the appeal shall be in terms of Art. 3 (iii) (A) (1) (a) of the second schedule. If the order, though styled as an interim order, is as good as a final order granting the relief to a quantified extent, court fee shall be payable on ' ad valorem— basis, in terms of Art. 4 (ii) of the second schedule. In respect of all the verdicts of the District Court coming within the purview of S. 37 (1) (b) of the Arbitration and Conciliation Act, 1996, cou