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Gujarat High Court · body

1982 DIGILAW 89 (GUJ)

GUJARAT STATE FINANCIAL CORPORATION v. SECOND EXTRA ASSTT. JUDGE,vadodara

1982-06-24

A.S.QURESHI, M.P.THAKKAR

body1982
THAKKAR, C. J. ( 1 ) 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 recourse 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 only 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. .