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Judgment
P.K. Bhasin, J
Earlier an Advocate Commissioner was appointed by this Tribunal at the request of the appellant vide order dated 26th October, 2016 to remain present at the property in question when the valuer was to visit the property for preparing valuation report in respect of the property in dispute. That order was passed, keeping in mind the directions of Hon'ble Punjab & Haryana High Court referred to in that order, to ensure that no harassment/inconvenience is caused to the female occupant of the mortgaged property, respondent No. 1. That exercise is stated to have been completed in the presence of the Advocate Commissioner. Now the appellant has requested for appointment of another Advocate Commissioner to remain present at the mortgaged property on 22.1.2017 between 11 a.m. and 4 p.m. when the prospective buyers are likely to come there for inspection of the property, to see that this time also no harassment/inconvenience is caused to the respondent No. 1 in occupation who has given her consent for sale of the property in dispute.
In view of the earlier order dated 26.10.2016 passed by this Tribunal accepting similar request of the appellant for appointment of an Advocate Commissioner the present application is allowed.
Mr. Amit Sharma, Advocate (Mob No. 9891778104) is appointed as Advocate Commissioner for the aforesaid purpose. He will remain present at the property in dispute i.e. Flat No. 304, Tower No. 10, Bougainvilla Crescent, Valley View Estate, Gurgaon-Faridabad Road, Gurgaon-122100 on 22.1.2017 between 11 a.m. and 4 p.m. and will ensure that when the prospective buyers visit to inspect the said property no harassment/inconvenience is caused to the respondent Ms. Sonki Srivastava, the sole occupant of the property. Counsel says she has already been informed about the date fixed for the visit of the prospective buyers on 22.1.2017 and further that Bank official(s) will also remain present at the time of visit of the prospective buyers so that no unauthorised person enters the property and only genuine prospective buyers come.
A copy of the earlier order dated 26.10.2016 will also be provided to the Advocate Commissioner along with today's order as also of High Court's order.
Copy of the order be given Dasti to the Counsel for the appellant for being served upon the Advocate Commissioner and since the property is in Gurgaon Bank official concerned will co-ordinate with the Commissioner so that time is not wasted by the Commissioner in locating the property. The fee of the Advocate Commissioner is fixed at Rs. 65,000/- in addition to actual out of pocket expenses which he may have to incur for carrying out the Commission. He will also inform Ms. Sonki telephonically about his visit on the aforesaid date and time.