GUJARAT STATE FINANCIAL CORPORATION Vs. SECOND EXTRA ASSTT JUDGE VADODARA
LAWS(GJH)-1982-6-5
HIGH COURT OF GUJARAT
Decided on June 24,1982

GUJARAT STATE FINANCIAL CORPORATION Appellant
VERSUS
Second Extra Asstt Judge Vadodara Respondents

JUDGEMENT

- (1.)xxx xxx xxx
(2.)xxx xxx xxx
(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 in 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 sale 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. (ISS) Rule made absolute to the extent indicated
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