Court Receiver remuneration under Rule 591 stays at the prescribed scale absent exceptional circumstances justifying reduction.

Rule 591 of the Bombay High Court (Original Side) Rules, 1980 prescribes a percentage-based scale for the Court Receiver's remuneration, and any reduction is an exceptional departure to be made only in appropriate cases. The Court held that the Chamber Judge's discretion cannot be exercised routinely or by reassessing the Receiver's actual work on a case-by-case basis. Because the Receiver functions within the High Court's institutional framework, authorities on private receivers were distinguished. No abnormal or extraordinary circumstances were shown, and the company's BIFR status and rehabilitation needs were not sufficient grounds to interfere with the prescribed fees and commission. Reduction was therefore refused.

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Issues: Whether the Court Receiver's fees and commission fixed under rule 591 of the Bombay High Court (Original Side) Rules, 1980 could be reduced on the facts of the case.

Analysis: Rule 591 provides a prescribed percentage-based scale for the Court Receiver's remuneration on the Original Side, with discretion vested in the Chamber Judge to reduce the charges only in appropriate cases. The Court held that such discretion is not to be exercised routinely or by recomputing the Receiver's remuneration on a case-by-case assessment of actual work done. The authorities cited concerning private receivers were distinguished, because the present matter involved the Court Receiver functioning under the regular institutional framework of the High Court. The Court further held that a departure from the normal scale would require abnormal or extraordinary circumstances, which were not shown. The plea that the company was under BIFR proceedings and needed funds for rehabilitation was not treated as a sufficient ground to interfere with the prescribed charges.

Conclusion: No case was made out for reduction of the Court Receiver's fees and commission under rule 591.

Ratio Decidendi: Under rule 591, the prescribed remuneration of the Court Receiver should ordinarily be maintained, and reduction can be ordered only on proof of exceptional circumstances justifying departure from the statutory scale.

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