Valuers Association And Others vs State Bank Of India And Others
2024 Latest Caselaw 6909 P&H

Punjab-Haryana High Court

Valuers Association And Others vs State Bank Of India And Others on 2 April, 2024

Author: Deepak Sibal

Bench: Deepak Sibal

                                  Neutral Citation No:=2024:PHHC:043833-DB




                                                                 2024:PHHC:043833-DB
            IN THE HIGH COURT OF PUNJAB & HARYANA
                        AT CHANDIGARH

( Sr. No. 112 )                                      LPA No. 163 of 2024 (O&M)
                                                     Date of decision: 02.04.2024


Valuers Association and others
                                                                     ..... Appellants
                  Versus

State Bank of India and others
                                                                   ..... Respondents



CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL
                  HON'BLE MR. JUSTICE DEEPAK MANCHANDA


Present :         Mr. H. C. Arora, Advocate and
                  Ms. Sunaina, Advocate for the appellants.
                         ***

DEEPAK SIBAL, J. (Oral)

(1) The present intra court appeal is directed against the judgment

dated 17.10.2023 passed by a learned Single Judge of this Court dismissing

the appellants' writ petition through which they have challenged the denial

by the respondent-Bank to pay to the appellants fee in terms of Rule 8C of

the Wealth-tax Rules, 1957 (for short - 1957 Rules).

(2) After hearing learned counsel for the appellants and going

through the record of the case as also the impugned judgment, we find that

that the claim of the appellants, who have been empanelled as Valuers by the

respondent-Bank, was rejected by the learned Single Judge on the ground

that the appellants were being paid valuation fee according to the terms of

their empanelment; such terms had not been challenged by the appellants;

there was not even an averment made by the appellants that the terms of

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Neutral Citation No:=2024:PHHC:043833-DB LPA No. 163 of 2024 (O&M) [2] 2024:PHHC:043833-DB

their appointment had been determined under any coercion or undue

influence and because the Valuers in different parts of the country were

being paid differently on the basis of business efficacy, quantum of business

generated in a particular area and fee structure of the Valuers in that region.

(3) In the facts of the present case, the above findings returned by

learned Single Judge are found to be just and therefore, warrant no

interference by us especially when none of the appellants have even placed

on record the terms of their appointment and that fiscal implications of

managing the affairs of the respondent-Bank is better to be left to the bank's

management as also because the Wealth-tax Act, 1957 and the Rules framed

thereunder, which are primarily being relied upon by the appellants, are no

longer being applied, as presently no wealth tax is being levied.

(4)            Dismissed.

(5)            All pending miscellaneous applications, if any, also stand

disposed of.


                                                        (DEEPAK SIBAL)
                                                            JUDGE


02.04.2024                                         ( DEEPAK MANCHANDA )
sunil yadav                                                JUDGE

      Whether speaking/reasoned : Yes / No
      Whether reportable              : Yes / No




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