Ajay Rastogi, J. - (1.) INSTANT application has been filed under Order 47 Rule 1 Code of Civil Procedure for recalling of the order passed by the Arbitrator dt. 23.11.2007 in Arbitration Application -24/2007.
(2.) 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.
(3.) SO far as merit of the order is concerned, the review Petitioner has not raised any objection.;