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Gujarat State Financial Corporation, Ahmedabad Vs. the Second Extra Assistant Judge, Vadodara and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtGujarat High Court
Decided On
Case NumberSpecial Civil Appln. No. 1401 of 1982
Judge
Reported inAIR1983Guj81; (1982)2GLR277
ActsCode of Civil Procedure (CPC), 1908 - Order 26, Rule 15
AppellantGujarat State Financial Corporation, Ahmedabad
RespondentThe Second Extra Assistant Judge, Vadodara and anr.
Appellant Advocate V.B. Patel, Adv.
Respondent Advocate J.M. Patel, Adv.
Excerpt:
- .....would be out of proportion in case the commissioner had to work, say for one hour. and how would the remuneration be worked out if there are no bidders under the circumstances, remuneration in such matters must be linked to the nature and extent of the work and not to the sale proceeds. 4. xxx.....
Judgment:
ORDER

1-2. x x x

3. Before parting we may say that the practice of fixing remuneration of the Commissioner appointed by the Court on the basis of percentage of the amount of sale proceeds is not a desirable practice and Courts should not make resort to this practice is future because it is absolutely unscientific and arbitrary. What will happen if the sale fetches a very nominal amount though the Commissioner has to put in a lot of work? On the other hand, if the sate fetches a very large amount the remuneration payable would be out of proportion in case the Commissioner had to work, say for one hour. And how would the remuneration be worked out if there are no bidders Under the circumstances, remuneration in such matters must be linked to the nature and extent of the work and not to the sale proceeds.

4. XXX


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