1. ' On 22-2-1990 on Reference No,55 of Mr. Asad Ali Bilgrami Official Liquidator, the following order was passed:-- "10. Official Liquidator's Reference No,55 is taken up. It is stated by Mr. Bilgrami that he is entitled to a fee of Rs, 78,000 at the rate of 4% on the total amount of Rs,19,79,341 realised by him from 4-12-1989 to 30-1-1990. The amount of fees of the O.L. Of Rs, 78,000. (Rupees seventy-eight thousand) is sanctioned to the Official Liquidator.
2. ' O.L.Ref.No,55 stands disposed of."
3. ' It appears to me that the rate of 4% to which the Official Liquidator claimed himself to be entitled is excessive and not according to law. In this connection reference may be made to Rule 820 of the Sindh Chief Court Rules (Original Side) which reads as under :-- "820. (1) The official liquidator shall, unless the Court otherwise directs, be allowed in his accounts or otherwise paid remuneration calculated as follows:-
(a) upon the total assets including produce of calls on contributories, realised or brought to credit and not being moneys received and spent on carrying on the business:-- On the first Rs,10,000 or fraction thereof. 5 per cent.
4. On the next Rs, 15,000 or fraction thereof. 3 per cent.
5. On the next Rs,25,000 or fraction thereof. 2-1/2 per cent.
6. On the next Rs,50,000 or fraction thereof. 2 per cent.
7. On any sum above Rs, 1,00,000. 1 per cent.
(b) When the official liquidator collects, calls or realises property for debenture holders or other secured creditors, the same rate of fees as in clause (a) above payable out of the proceeds of such calls or property;
(c) When the official liquidator acts as trustee under a scheme of arrangement, such remuneration not exceeding the rate of fees as in clause (a) above, as the Court shall allow;
(d) When the official liquidator performs any special duties not provided for above, such amount as the Court on the application of the Official Liquidator may consider reasonable.
(2) He shall also be allowed, unless the Court otherwise directs, a sum sufficient to cover the expenses of the employment pf assistants or clerks and his office rent, stationery, etc.
(3) The rate of remuneration of the official liquidator shall in no case exceed the amount specified in the scale of fees given above.
(4) No official liquidator shall settle his remuneration with the attorneys or advocates for the parties concerned or with the parties."
8. ' From a perusal of Rule 820 it is clear that when the sum is in excess of Rs, one lac, the Official Liquidator is entitled to a fee of Rs, 1% thereon.
9. ' I, therefore, called upon the Official Liquidator to satisfy me as to why he had wrongly stated that he was entitled to 4 % as his fees. He cited before me Rule 41 of the Banking Companies (Lahore High Court) Rules, 1973, which is as under;-- "41. Fees to be charged by the Official Liquidator.--Unless otherwise ordered by the Judge, the Official Liquidator will be entitled to his fees according to the following scale.--
(1) (a) In the High Court, upon the total assets realised or brought to credit, including realization from calls on contributories, and not being money received and spent on carrying on the business:-- On the First Rs, 10,000 or fraction thereof. 5% On the next Rs, 15,000 or fraction thereof. 9% On the next Rs, 25,000 or fraction thereof. 2-1/2% On the next Rs, 50,000 or fraction thereof. 2% On the sum above Rs,1,00,000. 4%
(b) On rents recovered. 5 (2)when th'e Official Liquidator collects, calls or realises property for debenture holders or other secured creditors the same rate of fees as under clause (1) (a) above will be paid out of the proceeds of such calls or property.
10. (3)When the Official Liquidator acts as a trustee under a scheme of arrangement, he will be entitled to such remuneration, not exceeding the rate of fees under clause (1) (a), above as the Court shall allow.
11. (4)When the Official Liquidator performs any special duties not provided for above, he will be entitled to the remuneration fixed by the Court. "
12. From the perusal of these Rules, it appears, that they apply to the Province of Punjab and do not apply to the Province of Sindh. The Province of Sindh is governed by Rule 820 of the Sindh Chief Courts Rules (Original Side). This fact is also clear from the perusal of Rule 3 of the Banking Companies (Court) Rules, 1972(Sindh), which provides that the Civil Procedure Code and the Rules of the Court having jurisdiction under the Ordinance shall apply to a proceeding under the Ordinance, save to the extent to which they are inconsistent with the provisions of the Ordinance or the Rules. These Rules do not provide for the scale of the fees of the Official Liquidator and therefore, the Rules of Sindh Chief Court Rules (O.S.) shall apply to the proceedings taken in this Court.
13. ' It may also be incidentally mentioned that minute & intelligent perusal of Rule 41 of the Banking Companies (Lahore High Court) Rules, 1973 shows that there is printing mistake in it at two places.
14. The first printing mistake is that 9% appears to have been misprinted in place of 3% against the "next Rs, 15,000 or fraction thereof while the second printing mistake is 4% which is misprinted in place of 1% against the sum "above Rs, 1,00,000." This will be clear when Rule-820 of the Sindh Chief Court Rules (O.S.) and Rule 41 of the Banking Companies (Lahore High Court) Rules, 1973 are read in juxtaposition with each other.
15. ' It may be clarified that the above order was obtained from me by giving an impression that the entitlement of Official Liquidator was at 4% and not that it was allowed as a special case.
16. ' I, therefore, call upon MrAsad Ali Bilgrami, Official Liquidator, to refund the sum of Rs, 59,500 from the amount of fees of Rs,78,000 and retain Rs,19,500 only.