The New Indian Express ·
Fix lawyers’ fee proportionate to work involved in SARFAESI Act cases: Madras High Court
CHENNAI: The Madras High Court has directed the Chief Judicial Magistrate (CJM) of Chengalpattu district to fix the fees for the advocate commissioners appointed for executing warrants in cases of properties involved in Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI) Act, 2002, by taking into account factors including the outstanding dues, value of the property and the distance.
The direction was issued by the first bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan while disposing of the writ petitions challenging fixation of `80,000 fees for advocate commissioner’s even in properties valued at `2.21 lakh.
“The Chief Judicial Magistrate, Chengalpattu, shall not treat `80,000 as a fixed or default figure to be awarded in every petition filed under Section 14 of the SARFAESI Act,” the bench said in the recent order.
