Gopal Krishan Gupta v. Ajay Kumar And ORS

2023:PHHC:071947 CR-3072-2023 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-3072-2023 (O&M) Date of Decision: 17.05.2023 Gopal Krishan Gupta ...... Petitioner

Versus

Ajay Kumar and others ......... Respondents

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Gopal Krishan Gupta, Advocate, petitioner-in-person.

***** RAJBIR SEHRAWAT, J. (ORAL) CM-9231-CII-2023 Allowed, as prayed for.

Main Case.

This is a petition filed under Article 227 of the Constitution of India praying for setting aside the impugned order dated 05.05.2023 passed by the Civil Judge (Junior Division), Ambala, alongwith certain other prayers.

A perusal of the impugned order dated 05.05.2023 passed by the Court below shows that the petitioner has rightly been paid the commission as Court Auctioneer, as per the provision contained in the amended Punjab and Haryana High Court Rules and Orders, Volume-1, Chapter 12-L Rule 22. The only grievance raised by the petitioner is that there should not be a maximum cap of Rs.5,000/-. However, this argument cannot be countenanced at this stage. Since the aforesaid rules and orders, VIRENDRA SINGH ADHIKARI 2023.05.19 10:03 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh

2023:PHHC:071947 CR-3072-2023 (O&M) -2as amended vide the amendment dated 17.09.1976, provides for maximum limit of Rs.5,000/- as commission, therefore, unless the provision contained in the Punjab and Haryana High Court Rules and Orders is set aside in the appropriate proceedings, the trial Court is bound to follow the said rules and orders.

In view of the above, finding no merit in the present petition, the same is dismissed.

(RAJBIR SEHRAWAT) JUDGE 17.05.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.05.19 10:03 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh