No Return of Court Fees When Parties Referred to Arbitration under Section 8 of A&C Act

A-One Realtors Pvt. Ltd Vs Energy Efficiency Services Ltd (Delhi High Court) It is settled law that a litigant is not entitled to refund of court fees in case of rejection of plaint under Order VII Rule 11 of the CPC where the plaint does not disclose a cause of action. On the same analogy, the plaintiff cannot be entitled for refund of court fees in the event of an application under Section 8 of the Arbitration and Conciliation Act being allowed and the parties being referred for arbitration. The rationale being that the plaintiff has invoked a wrong remedy of filing the suit when it should h...