LAXMI CINEMA BARMER Vs. PREM PRAKASH CINEMA JAIPUR
LAWS(RAJ)-1998-10-9
HIGH COURT OF RAJASTHAN
Decided on October 16,1998

LAXMI CINEMA, BARMER Appellant
VERSUS
PREM PRAKASH CINEMA, JAIPUR Respondents

JUDGEMENT

- (1.) Heard the learned counsel for the petitioner and the learned counsel for the non-petitioner No. 1. None appeared for the non-petitioners nos. 2 and 3 in spite of the service.
(2.) The short question to be decided in this revision petition is whether an amount of Rs. 500/- is required to be paid with an application filed under Section 34 of the Arbitration and Conciliation Ordinance, 1996 for setting aside the award, by virtue of the provisions contained in para 10 of the Scheme framed by the Hon'ble the Chief Justice of the Rajasthan High Court under sub-section (10) of Section 11 of the Arbitration and Conciliation ordinance, 1996.
(3.) The facts of the case so far as they are relevant for the disposal of this petition may be briefly stated as follows :- The petitioner filed an application before the District Judge, Jodhpur under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside the award. He paid Court-fee to the tune of Rs. 250/-. The learned District Judge, vide his order dated 6-7-1998, held that in view of the para 10 of the Scheme framed by the Hon'ble Chief Justice, an amount of Rs. 500/- was to be deposited by the petitioner along with his application. The objection raised by the office was, therefore, sustained and it was ordered that further proceedings on the application of the petitioner would be commenced after the payment of sum of Rs. 500/-. Feeling aggrieved by the aforesaid order, the petitioner has filed this revision petition.;


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