Awarded cost to the respondent is more than his main claim
deepti jain
(Querist) 01 May 2013
This query is : Resolved
whether the respondent is entitled for the cost, which is more than the main claim of the respondent.
Adv k . mahesh
(Expert) 01 May 2013
some occasions the cost awarded by the court will be more as per the documents produced in the case
prabhakar singh
(Expert) 01 May 2013
Your question is too much objective for which 'yes' and 'no' can be argued to be justified in peculiar circumstances of a case.
Come with facts then to have proper consultation.
One thing is certain that on relief front, no court can award any thing above the relief asked for.
Guest
(Expert) 01 May 2013
Depends upon the nature of the case. So, please come forward with the gist and background of the case intead of academic query.
V R SHROFF
(Expert) 01 May 2013
cost awarded for default of the party, who remains absent on court dates, or ask undue adjournment so court pass order to pay COST to opp party,[ irrespective of claim. ]
Cost is the compensation for appearance and other damages like transport, Adv fees. It may or may not be more than claim.
Raj Kumar Makkad
(Expert) 01 May 2013
Post the facts of your case enabling us to understand it properly and then reply otherwise the opinions expressed above should be regarded as correct.
deepti jain
(Querist) 01 May 2013
thank you all for your responses
sole arbitrator awarded cost and post termination claims of the respondent regarding expenses incurred in the arbitral proceedings, which is more that what the main claim of the respondent
plz also give relevant case laws
Guest
(Expert) 01 May 2013
If the opposite party has been able to convince the sole arbitrator about the cost of the case without your effective opposition, the arbitrator can give its award accordingly.
prabhakar singh
(Expert) 01 May 2013
Let me ask a question to me.
In a case for arbitral award damages claimed by me is 10k and fees paid to lawyer is 20k and that is supported by lawyers receipt and case has run for say 03 years for which i have submitted every bill and voucher.
Shall not arbitrator would be justified to award me cost triple of my principal claim ?
Would it amount to some irrationality according to you?
If your answer is with me you need not be convinced.
But if your answer is against me then i have a binding judgement to convince you.
Supreme court
Ramrameshwari Devi and Ors. Vs. Nirmala Devi and Ors.
By
Dalveer Bhandari, J.
R.K Nanda
(Expert) 01 May 2013
state full facts.
ajay sethi
(Expert) 01 May 2013
agree with prabhakar singhji
Devajyoti Barman
(Expert) 01 May 2013
Court can not pass more than what has been claimed by the plaintiff.
Raj Kumar Makkad
(Expert) 01 May 2013
Arbitrator is well within his right to provide what has been defined in the given case.
Sudhir Kumar, Advocate
(Expert) 25 May 2013
full facts are not there. But such award is not prima-facie illegal. Surrounding facts may be justifying the same.
