6 days ago
Bombay High Court Orders Payment to Court-Appointed Valuer After Decades
The Bombay High Court decided that a professional Valuer should be paid for work completed many years ago.
AT & TS Associates was hired by the Court Receiver to inspect certain properties.
The Valuer finished the assignment and submitted reports in 2004.
Its bills were not paid for more than 20 years.
The court said a delay in getting permission for the higher fee should not erase the Valuer’s right to reasonable payment.
It approved fees of Rs 6.51 lakh.
It also awarded Rs 8.20 lakh in interest up to May 2025.
More interest at 6% per year will continue until payment.
The court said people doing court-related work should not have to wait decades for legitimate dues.
The Bombay High Court ordered payment of revised fees to AT & TS Associates for valuation work completed in 2004.
The Valuer’s fees were revised to Rs 6.51 lakh after service tax was excluded.
The court awarded Rs 8.20 lakh in interest up to May 2025 and ordered additional 6% annual interest until payment.
The bench ruled that delayed prior sanction could not deny reasonable payment for completed, accepted work.
The case involved properties attached under the Maharashtra Protection of Interest of Depositors Act in proceedings concerning Kuber Mutual Benefits Ltd.
- Who
- The Bombay High Court, AT & TS Associates, and the Court Receiver were involved; the case was heard by Justices Riyaz Chagla and Farhan Dubash.
- What
- The court sanctioned revised professional fees and interest for a Court Receiver-appointed Valuer.
- Where
- The Bombay High Court in Mumbai.
- When
- The Valuer completed its assignment in 2004; the ruling was reported on September 5, 2026, with interest calculated through May 2025.
- Why
- The court found that administrative failure to obtain prior sanction for higher fees could not deprive the Valuer of reasonable payment for work that was completed and accepted.
Key facts
- Revised professional fees
- Rs 6.51 lakh
- Interest awarded through May 2025
- Rs 8.20 lakh
- Additional interest
- Simple interest at 6% annually from June 1, 2025, until payment
- Assignment completed
- 2004
- Original bills
- Six bills totalling approximately Rs 7.02 lakh, later revised after excluding service tax
- Guideline fee ceiling
- Clause 9 of the 1994 Guidelines prescribed a Rs 25,000 ceiling and required sanction for payment beyond it
- Dispute context
- Properties attached under the Maharashtra Protection of Interest of Depositors Act in proceedings involving Kuber Mutual Benefits Ltd.
Quotes
Bombay High Court division bench
The division bench comprising Justices Riyaz Chagla and Farhan Dubash.
“More importantly, a Valuer appointed at the instance of the Court Receiver is entitled to proceed on the basis that the assignment entrusted to it is a legitimate Court-authorised assignment.”
freepressjournal.in
“On a plain reading of Clause 9, we find no stipulation requiring the Court’s sanction to be obtained before appointment of the Valuer.”
freepressjournal.in
Sources
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