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Judgment
Vinay Mittal, J.—The order dated July 16, 1994 passed by the Additional District Judge, Faridkot has been impugned by the Punjab Financial Corporation through the present revision petition.
The learned Additional District Judge vide the aforesaid impugned order has held that the Punjab Financial Corporation was liable to pay the commission of the Court Auctioneer.
In the impugned order dated July 16, 1994 the learned Additional District Judge has observed as under:
Admittedly, the JD firm was auctioned by the auctioneer appointed by the Court. Thereafter, the objections were raised by the JDs. During that period the Counsel for PFC/decrce holder made a statement on 26.8.1993 that entire amount of the decree has been realised and the file be consigned. Obviously, the execution petition was got dismissed by the decree holder i.e. PFC in satisfaction of the decree amount. Execution petition has been withdrawn at the instance of decree holder after the decree being satisfied. So, it is the PFC who is the beneficiary for realisation of the amount and is liable to pay the commission fee. The Court assisted the decree holder in getting the decretal amount realized through auction. When the decree holder has realised the amount after auction direct from the JD. So, it is done at the instance of PFC who got the entire benefit of the decree. So, I find that the PFC/decree holder is liable to pay the commission amount to the Court auctioneer. Accordingly, the application stands disposed of. File be consigned to record room.
From the perusal of the aforesaid observations, it is apparent that the decree which had been passed in favour of the Punjab Financial Corporation had been duly satisfied and in these circumstances it was rightly held by the learned Additional District Judge that being the beneficiary of the decree, the Court auctioneer was liable to get his commission from the Punjab Financial Corporation.
I do not find any illegality or error in the aforesaid order. A judicial discretion has been exercised.
Accordingly, I do not find any merit in the present petition. The same is dismissed.