Law:

Section:

High Court (Lahore) Rules and Orders Vol. 1---------Chap. 12-L, R.21(b)---Court auctioneer/evaluator's entitlement to prescribed commission---Evaluator was associated in the process of sale of specified properties, but said sales were not confirmed by High Court and thereafter, High Court conducted restricted Court auction---Sale proceeds having not been recovered in consequence of sale in which Court auctioneer/evaluator was associated but through restricted Court auction, therefore, rates and scales provided in R.21(b) Chap 12-L. Vol. l High Court Rules and Orders would not be strictly applicable---Restricted Court auction having some link with auction conducted by Court auctioneer, therefore, Court while acting in accordance with rule of natural justice, good conscience and equity awarded him a specified amount. ORDER This order will also dispose of Reports Nos. 9, 10, 13, 16, 21 made by Mr. Muhammad Naazar Khan, Evaluator/ Auctioneer and Report No. 110 submitted by the O. L. 2. Mr. Muhammad Naazar Khan, Evaluator/Applicant who was originally appointed as Evaluator was subsequently ordered to be associated in the process of auction of the properties of the Company has made this application for payment of his commission out of the sale proceeds of the assets of the Company as provided in Rule 21(b) of the High Court Rules and Orders, Chapter 12-L, Volume I. According to this rule an auctioneer is to be paid 5 % of the sale proceeds if they do not exceed Rs.50,000 and 2-1/2, if they exceed Rs.50,000 Out of the five properties mentioned in' para. 2 of this petition the applicant/petitioner was associated in the sale of properties mentioned at Serial Nos. 1, 2, 3 and 5. The said sales were not confirmed by this Court and the Court held restricted Court auction. 3. The question which arises in these circumstances is as to whether the Court Auctioneer was entitled to the commission according to the rates mentioned above in the said Rule because the said Rule provides that from the sale proceeds recovered in consequence of the sale made by the Court Auctioneer he is to be paid in the abovementioned scales. 4. Since in this case the sale proceeds were recovered not…

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