2019 (5) TMI 1029 - HC - Companies Law

Maintainability of present application - HELD THAT - This disposed of company application has been listed under heading To Be Mentioned at instance of valuer.

Summary

Issues: Valuation reports for properties of a company in liquidation; Remuneration for valuer; Practice direction regarding filing of valuation reports in court.

In this judgment by the High Court of Calcutta, the court addressed the issue of valuation reports for properties of a company in liquidation. The court noted that the Official Liquidator had directed the appointment of a valuer/surveyor for properties in Howrah and Hooghly districts. The valuer had submitted four separate valuation reports and had a fifth report that was not accepted by the office due to a practice direction regarding sealed filing in court. The valuer requested funds for valuations and remuneration. The Official Liquidator confirmed out-of-pocket expenses were paid and stated that remuneration would be paid upon completion of valuation. The court ordered remuneration for the four valuations to be paid within two weeks. The fifth valuation report was filed in a sealed cover, and upon verification, if it related to a separate property, remuneration for this work was also to be paid. Any further valuations were to be done based on the same basis, with liberty given to the valuer and Official Liquidator to mention if more reports needed to be filed.

The judgment highlights the importance of timely remuneration for valuers for each instance of work done, as in this case, where four separate properties were valued. The court emphasized the need for valuers to be compensated promptly for their services. Additionally, the judgment clarified the practice direction regarding the filing of valuation reports in court, emphasizing the requirement for sealed filing and verification of the reports by the office. This ensures transparency and accuracy in the valuation process for properties of companies in liquidation. The court's detailed instructions regarding remuneration and further valuations provide a clear framework for the valuer and Official Liquidator to follow in valuing additional properties, promoting efficiency and accountability in the liquidation process.