Chennai: Madras high court has directed the Chengalpattu chief judicial magistrate (CJM) to explain on what basis did he fix exorbitant fee to be paid to advocate commissioners appointed in SARFAESI Act cases.The first bench of Chief Justice Sushrut Arvind Dharmadhikari and G Arul Murugan passed the order on a plea moved by AU Small Finance Bank Limited against the CJM. It was alleged that the CJM was fixing Rs 80,000 as fixed fee even in cases in which the claim amount was only Rs 2.21 lakh.When the plea came up for hearing on Wednesday, the bank listed at least seven cases in which the CJM had uniformly ordered payment of Rs 80,000 as advocate commissioner fee in an arbitrary manner.“It is brought to our notice that five more cases have been filed challenging the exorbitant amount fixed towards advocate commissioner fee. It is also submitted at the bar that even after the directions passed by this court on June 5, the CJM is passing such orders invariably in all the cases,” the bench said.“Therefore, we deem it appropriate to call for explanation from the CJM as to on what basis such an exorbitant amount is fixed towards advocate commissioner fee in all cases. Along with the explanation, the CJM is directed to furnish the names of the advocate commissioners so appointed by him,” the bench said.The court then directed the registrar general to call for explanation from the CJP within 10 days and adjourned the hearing to Sept 8.
