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Bombay High Court

M/S. KUBER MUTUAL BENEFIT LTD. and ORS.versusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court held that the 1994 Guidelines govern the claim, sanctioned the revised principal fee of Rs.6,51,062 with interest at 6% per annum, and rejected the inflation‑linked enhancement.

Summary

The Court was asked to determine the outstanding professional fees of a panel valuer engaged in 2004 to inspect and value several properties for a sale‑related exercise ordered by the Court. The valuer’s original bills of Rs.7,01,858 were later revised to Rs.6,51,062 after removal of service tax, and the valuer claimed interest and an inflation‑adjusted multiplier, bringing the total claim to Rs.47,26,710. The Court examined which set of valuation Guidelines applied, concluding that the 1994 Guidelines governing valuation for sale were controlling and that the ceiling of Rs.25,000 per property could be exceeded with Court sanction after the work was completed. It sanctioned the full revised principal amount, awarded simple interest at 6% per annum on the principal, but rejected the multiplier‑based inflation claim as duplicative compensation. The Court directed the valuer to lodge the claim before the Official Liquidator of the liquidated petitioner and discharged the Court Receiver without requiring accounts.

Issues considered

  • The appropriate set of Guidelines governing the valuer’s professional fees
  • Whether the ceiling of Rs.25,000 per valuation can be exceeded without prior Court sanction
  • Whether interest is payable on delayed professional fees and at what rate
  • Whether an inflation‑linked multiplier can be awarded in addition to interest

Legislation cited

Subjects

  • professional fees
  • valuation guidelines
  • court receiver
  • interest on delayed payment
  • inflation adjustment
  • official liquidator
  • liquidation

Judgment

                                                                                              CRR-25-2025.docx
                                                                                    Kuber Mutual Benefits vs. State




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION
                 COURT RECEIVER REPORT NO. 25 OF 2025
                                                 IN
                      WRIT PETITION NO. 3661 OF 2001


M/s. Kuber Mutual Benefits Ltd. & Ors.                                        …   Petitioners
      V/s.
The State of Maharashtra & Ors.                                               …   Respondents
___________________________________________________________________
Mr. Sharad Bansal, Amicus Curiae.
Mr. N. C. Walimbe with Mr. A. K. Naik, AGP for Respondent – State.
Mr. G. S. Hegde, Senior Advocate (through VC) with Ms. P. M. Bhansali & Mr.
Amit Gala for Respondent – CIDCO.
Mr. B. V. Baravkar, Court Receiver with Ms. E. S. D’souza, Section Officer.
Mr. T. K. Sinha, AT & TS Associates, Valuer.
___________________________________________________________________

                                               CORAM : R.I. CHAGLA AND
                                                       FARHAN P. DUBASH, JJ.

                          RESERVED ON : 25th JUNE 2026
                      PRONOUNCED ON : 3rd SEPTEMBER 2026
___________________________________________________________________


ORDER (Per Farhan P. Dubash, J.):


1.     The present Court Receiver’s Report raises an unusual question concerning
        the payment of professional fees of M/s. AT & TS Associates (“the
        Valuer”), a Panel Valuer engaged pursuant to an order of this Court passed
        more than two decades ago. The Valuer completed the assignment and
        submitted its report in May 2004. Its professional fees, however, have
        remained unpaid to date. The original bills, aggregating Rs. 7,01,858/- have



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      subsequently been revised to Rs. 6,51,062/- upon exclusion of the service
      tax component. The Valuer has, in addition, claimed interest and a further
      amount towards the alleged erosion in the purchasing power of the rupee,
      thereby quantifying its aggregate claim at Rs. 47,26,710/-. The present
      Report has accordingly been placed before the Court seeking appropriate
      directions in regard to the Valuer’s outstanding claim and the discharge of
      the Court Receiver.


FACTUAL MATRIX


2.   Before considering the issues which arise for determination, it would be
      appropriate to briefly set out the facts relevant to the adjudication of the
      present Court Receiver’s Report.


      A.    The Petitioners had instituted the above Writ Petition challenging,
            inter alia, the attachment of their properties under the provisions of
            the Maharashtra Protection of Interest of Depositors (in Financial
            Establishments) Act, 1999 (“the MPID Act”). In Civil Application
            No. 2017 of 2003, Ms. Clare Gonsalves, an investor, sought
            appropriate directions in respect of the incomplete building and
            properties of the Petitioners.


      B.    By an order dated 1st December 2003, this Court directed the Court
            Receiver, High Court, Bombay, to visit the site and submit a report
            regarding its existing condition, invite offers for purchase of the
            building on an “as is where is” basis, and explore the possibility of
            engaging a builder to complete the construction in accordance with
            the sanctioned plans before making the building available for sale.



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     The Court Receiver was also granted liberty to obtain such technical
     assistance as may be necessary for carrying out the aforesaid
     exercise.


C.   Pursuant thereto, the Court Receiver, by communication dated 23rd
     December 2003, fixed an appointment for taking the necessary
     steps. M/s. AT & TS Associates was requested to depute its
     representatives to inspect the subject properties and submit a report
     regarding their existing condition. On 6th January 2004, the
     Advocates for Respondent No. 4 addressed a communication to the
     Court Receiver stating that it was unnecessary for the Court
     Receiver to take physical possession of the subject properties since
     the properties were custodia legis and under the control of the
     Special Court constituted under the MPID Act. It was further stated
     that the Court Receiver had not been appointed as Receiver of the
     subject properties in the conventional sense, but had merely been
     directed to perform the functions specified in the order dated 1st
     December 2003 for facilitating disposal of the properties.


D.   The Valuer thereafter inspected the subject properties and submitted
     a detailed report to the Court Receiver on 5 th May 2004. On 15th
     May 2004, the Valuer raised six bills towards the services rendered.
     One bill pertained to inspection of the sites and the cost of
     photographs. The remaining five bills pertained to valuation reports
     prepared in respect of properties situated at CBD Belapur; Sector 4,
     Kharghar; Sector 11, Kharghar; Sector 10, Vashi; and Village Pahur,
     Taluka Mangaon/Roha, District Raigad. The aggregate amount
     claimed under the six bills was Rs. 7,01,858/-, inclusive of service



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     tax.


E.   On 5th September 2005, the Writ Petition came to be disposed of.
     However, as the Valuer’s bills remained unpaid, the Valuer
     addressed a communication dated 28th September 2005 to the Court
     Receiver requesting that appropriate directions be obtained from this
     Court for payment of the outstanding amount. The Court Receiver,
     in turn, by communication dated 10th October 2005, called upon the
     Advocates for the Petitioners to instruct their clients to deposit Rs.
     7,01,858/- so as to enable payment to the Valuer.


F.   The Valuer reiterated its request for payment by a further
     communication dated 1st March 2007. On 20th December 2007, the
     Court Receiver once again called upon the Advocates for the
     Petitioners to arrange for deposit of the aforesaid amount. The bills,
     however, continued to remain unpaid.


G.   In Court Receiver’s Report No. 126 of 2010, the Court Receiver
     sought directions as to whether the bill of Rs. 12,400/- towards
     inspection and preparation of the status report ought to be restricted
     to Rs. 5,000/- and whether each of the four valuation bills exceeding
     Rs. 25,000/- ought to be restricted to the maximum amount of Rs.
     25,000/-, contemplated under the applicable Guidelines, or whether
     a higher amount ought to be sanctioned by this Court. The Court
     Receiver also sought a direction requiring the Petitioners, who had
     carriage of the proceedings, to deposit the valuation charges and a
     further sum of Rs. 10,000/- towards the costs and expenses of the
     Court Receiver. The said Report has remained pending and no order



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     has been passed thereon.


H.   Court Receiver’s Report No. 126 of 2010 was forwarded to the
     Appellate Side Registry on 17 th July 2010. By an order dated 31 st
     October 2012, this Court recorded that the original Writ Petition had
     already been dismissed and, therefore, no order was passed at that
     stage.


I.   Thereafter, the Court Receiver addressed communications dated 12 th
     February 2014, 25th November 2014 and 16th February 2015 to the
     Advocates for the Petitioners and the Respondents requesting
     payment of the Valuer’s professional fees.


J.   A meeting was convened in the office of the Court Receiver on 22 nd
     April 2015 to consider the issue concerning the Valuer’s outstanding
     professional fees. It was recorded that the Writ Petition had been
     disposed of on 5th September 2005 and that Court Receiver’s Report
     No. 126 of 2010 continued to remain pending. The Advocate for the
     Intervenor stated that proceedings were pending before the Special
     Court    constituted         under            the        MPID   Act.    However,            the
     communication addressed in that regard did not disclose the
     whereabouts of Petitioner No. 1 – Company. The Advocate for
     Petitioner No. 1 – Company was not present at the meeting and the
     whereabouts of the Company were also not known. The Court
     Receiver accordingly recorded that it had become extremely difficult
     to correspond with the concerned parties.


K.   By communication dated 19th November 2016, the Court Receiver



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     requested the Registrar (Judicial-II), Appellate Side, to have Court
     Receiver’s Report No. 126 of 2010 placed before this Court. By
     communication dated 23rd December 2016, the Deputy Registrar
     informed the Court Receiver that the said Report had been
     forwarded to the Civil Board Department for taking necessary
     action.   The     Court            Receiver               thereafter   addressed           further
     communications dated 2nd January 2017 and 28th November 2018
     requesting that the Report be placed before this Court. Despite these
     communications, Court Receiver’s Report No. 126 of 2010 was not
     listed for consideration.


L.   The suit account maintained by the Court Receiver does not contain
     any funds and is running into debit. The debit balance presently
     recorded in the suit account is Rs. 684/-. The initial costs of the
     Court Receiver, amounting to Rs. 500/-, had been deposited by Ms.
     Clare Gonsalves, the Applicant in Civil Application No.2017 of
     2003.


M.   The Valuer continued to correspond with the Court Receiver
     regarding its outstanding professional fees. By communication dated
     15th May 2025, the Valuer stated that the original bills had been
     raised in accordance with the Guidelines dated 1 st February 1994.
     Since service tax was no longer leviable, the Valuer submitted
     revised invoices excluding the service tax component contained in
     the original bills. The aggregate principal amount claimed was
     thereby reduced from Rs. 7,01,858/- to Rs. 6,51,062/-.


N.   The Valuer also furnished a declaration dated 15th May 2025 stating



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     that it was not required to be registered under the Goods and
     Services Tax Act, 2017, since its turnover was below the prescribed
     threshold. It further undertook to bear any liability towards GST
     which may subsequently arise and stated that the Court Receiver
     would not be responsible for discharging any such liability.


O.   In addition to the revised principal amount of Rs. 6,51,062/-, the
     Valuer claimed simple interest at the rate of 6 percent per annum for
     a period of 21 years, quantified at Rs. 8,20,338/-. The aggregate
     amount of principal and interest was accordingly stated to be Rs.
     14,71,400/-. The Valuer thereafter applied a multiplier of 3.21238
     towards the alleged depreciation or erosion in the purchasing power
     of the rupee between 2004 and 2025 and thereby quantified its total
     claim at Rs. 47,26,710/-.


P.   By the aforesaid communication, the Valuer requested that a
     judgment and decree for Rs. 47,26,710/- be passed in its favour and
     against Petitioner No. 1 – Company. It further requested that the
     Court Receiver be authorised to lodge a claim before the Official
     Liquidator, Uttar Pradesh and Uttarakhand, who was stated to have
     been designated by the Allahabad High Court to settle the claims of
     creditors of Petitioner No.1 – Company and that the Official
     Liquidator be impleaded as a party to the proceedings.


Q.   The Valuer also sought the impleadment of Smt. Rowena Sharma,
     wife of late Shri Pradyuman K. Sharma, who was stated to have
     been a Director or Partner of Petitioner No.1 – Company prior to its
     liquidation. It further sought directions for freezing the bank



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     accounts and assets of companies with which Smt. Rowena Sharma
     was stated to be associated, in the event that the funds available with
     the Official Liquidator were insufficient to satisfy its claim.


R.   The Court Receiver has recorded that payment of the Valuer’s
     professional fees could not be processed since the Writ Petition had
     already been disposed of; the existence and whereabouts of
     Petitioner No. 1 – Company were not known; correspondence with
     the Company was not possible; the suit account was running into
     debit; Court Receiver’s Report No. 126 of 2010 had remained
     pending; Petitioner No. 1 – Company was stated to be under
     liquidation; Shri Pradyuman K. Sharma, its Director, had expired;
     and the communications addressed to the Petitioners and their
     Advocates had remained unanswered.


S.   The Court Receiver has further recorded that the directions
     contained in the order dated 1 st December 2003 had been complied
     with by visiting the subject properties and submitting a report
     regarding their condition. However, in the absence of funds and in
     view of the non-cooperation of the concerned parties, the Court
     Receiver has stated that it is not possible to take any further steps
     either for recovery of the Valuer’s professional fees or for any other
     purpose.


T.   The Court Receiver has accordingly filed the present Court
     Receiver’s Report No. 25 of 2025 seeking discharge without passing
     accounts and permission to close the suit account without charging
     any further costs, charges or expenses. In the alternative, the Court



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                Receiver seeks directions regarding the steps to be taken in respect
                of the Valuer’s outstanding bills and the reliefs sought by the Valuer
                in its communication dated 15th May 2025, together with directions
                as to the person who would bear the costs and expenses of taking
                such steps.


       U.       During the hearing of the present Court Receiver’s Report, an
                Advocate entered appearance on behalf of Smt. Rowena Sharma.


SUBMISSIONS OF THE COURT RECEIVER



3.    Mr. B. V. Bavakar, learned Court Receiver, submits that the Valuer was
      engaged pursuant to the order dated 1 st December 2003 and completed the
      assignment by inspecting the subject properties and submitting its report on
      5th May 2004. Six bills were thereafter raised on 15 th May 2004 aggregating
      Rs. 7,01,858/-. He points out that despite repeated communications
      addressed to the Petitioners and their Advocates, the bills have remained
      unpaid.


4.    Mr. Bavakar submits that Court Receiver’s Report No. 126 of 2010 was
      filed seeking directions concerning payment of the Valuer’s professional
      fees. The said Report has remained pending and no order has been passed
      thereon. He submits that the Court Receiver repeatedly requested the
      Registry to place the Report before the Court. Despite communications
      dated 19th November 2016, 2nd January 2017 and 28th November 2018, the
      Report was not listed for consideration.


5.    It is further submitted that the Writ Petition has already been disposed of;



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      the present existence and whereabouts of Petitioner No. 1 – Company are
      not known; the Company is stated to be under liquidation; its Director, Shri
      Pradyuman K. Sharma, has expired; and the communications addressed to
      the Petitioners and their Advocates have remained unanswered. He adds
      that no funds are available in the suit account, which is instead, presently
      running into debit to the extent of Rs. 684/-.


6.    Mr. Bavakar submits that the directions contained in the order dated 1 st
      December 2003 have been duly complied with. However, in the absence of
      funds and owing to the non-cooperation of the concerned parties, it is not
      possible for the Court Receiver to take any further steps either for recovery
      of the Valuer’s professional fees or for any other purpose.


7.    The learned Court Receiver accordingly seeks discharge without passing
      accounts and permission to close the suit account without charging any
      further costs, charges or expenses. In the alternative, appropriate directions
      are sought concerning the steps to be taken in respect of the Valuer’s
      outstanding claim and as to the person who would bear the costs and
      expenses of taking such steps.


SUBMISSIONS OF THE VALUER



8.    Mr. T. K. Sinha, proprietor of the Valuer, namely, M/s. AT & TS Associates
      submits that the Valuer was formally engaged by the Court Receiver to
      provide technical assistance for implementation of the order dated 1 st
      December 2003. He points out that the Valuer inspected the subject
      properties, prepared five separate valuation reports and submitted a further
      report concerning the existing condition of the properties. He submits that



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      neither the Court Receiver nor any party to the Writ Petition has disputed
      the services rendered by the Valuer or questioned the correctness of the
      valuation exercise.


9.    Mr. Sinha submits that the original bills dated 15 th May 2004 were raised in
      accordance with the Guidelines dated 1 st February 1994. He clarifies that
      since the original bills included an amount towards service tax, the Valuer,
      by its communication dated 15th May 2025, submitted revised invoices
      excluding the said component and the principal claim was consequently
      reduced from Rs. 7,01,858/- to Rs. 6,51,062/-.


10.   Mr. Sinha further submits that on account of the delay of more than two
      decades in payment of the professional fees, the Valuer is entitled to simple
      interest at the rate of 6% per annum for a period of 21 years. The interest
      component has been quantified at Rs. 8,20,338/-, bringing the aggregate
      amount of principal and interest to Rs. 14,71,400/-.


11.   Mr. Sinha additionally claims compensation on account of the alleged
      depreciation or erosion in the purchasing power of the rupee between 2004
      and 2025. On the basis of the Cost Inflation Index, a multiplier of 3.21238
      has been applied to the aggregate amount of principal and interest, resulting
      in a total claim of Rs. 47,26,710/-.


12.   Mr. Sinha accordingly seeks an order for Rs. 47,26,710/- against Petitioner
      No.1 - Company. He further seeks authority for the Court Receiver to lodge
      the Valuer’s claim before the Official Liquidator, Uttar Pradesh and
      Uttarakhand, and seeks impleadment of the Official Liquidator and Smt.
      Rowena Sharma. He has also sought directions for freezing the bank



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      accounts and assets of companies with which Smt. Rowena Sharma is stated
      to be associated, in the event that the funds available with the Official
      Liquidator are insufficient to satisfy the Valuer’s claim.


SUBMISSIONS OF THE LEARNED AMICUS CURIAE


13.   Having regard to the nature of the issue arising for consideration, this Court
      considered it appropriate to seek the assistance of an independent member
      of the Bar. The present proceedings do not partake of the usual character of
      adversarial litigation. The principal parties to the original proceedings have
      either not participated in the matter or have not been in a position to
      effectively assist the Court in determining the questions arising in relation
      to the Valuer’s professional fees. Moreover, the Court Receiver, being an
      officer of the Court, was required to place the relevant facts and
      circumstances before the Court but on questions concerning the legal
      entitlement of the Valuer, we sought the assistance of Mr. Sharad Bansal as
      Amicus Curiae in the examining of applicable Guidelines as well as
      relevant orders and precedents. At the outset, the Court records its
      appreciation for the able assistance rendered by the learned Amicus Curiae.


14.   Mr. Sharad Bansal, learned Amicus Curiae, submits that the first question
      requiring consideration is as to which set of Guidelines governs
      determination of the Valuer’s professional fees. The Valuer has raised its
      claim under the Guidelines dated 1 st February 1994 bearing No. G/643/1149
      (“the 1994 Guidelines”). The Accounts Officer, while verifying the bills,
      referred to the Guidelines dated 23rd April 1999 bearing No. G/6795 (“the
      1999 Guidelines”) but at the same time applied the maximum ceiling of Rs.
      25,000/- prescribed under the 1994 Guidelines. According to the learned



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            Amicus, this inconsistency makes it necessary to first determine which
            Guidelines govern the present assignment.


15.         Mr. Bansal submits that the 1994 Guidelines prescribe the scale of fees
            payable to Architects and Valuers for valuation of immovable properties
            undertaken in aid of their sale. The 1999 Guidelines, on the other hand,
            govern fees payable for valuation undertaken for determination of royalty or
            compensation in respect of movable or immovable properties. Relying upon
            Bai Mamubai Trust v. Suchitra 1, the learned Amicus submits that royalty or
            compensation, in this context, refers to the amount payable by an occupier
            to the person lawfully entitled to possession and is conceptually akin to
            mesne profits.


16.         The learned Amicus further submits that the Guidelines issued in 2007
            maintain the same distinction. He points out that Annexure I thereto
            concerns valuation of immovable properties, whereas Annexure III
            concerns determination of royalty and compensation. He, however, submits
            that the 2007 Guidelines, cannot govern the present assignment since the
            Valuer was engaged in January 2004, completed the assignment in May
            2004 and raised its bills on 15th May 2004. Relying upon Parelkar & Dallas
            v. Blossom Industries Limited 2, it is submitted that the applicable
            Guidelines are those in force when the Valuer was appointed and when the
            work was performed. The professional fees must, therefore, be determined
            under the 1994 Guidelines.


17.         Our attention is invited to clause 9 of the 1994 Guidelines which inter alia

1
    2019 SCC OnLine Bom 1854
2
    Order dated 4th December 2025 passed in Appeal No.78 of 2010




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          provide that professional fees payable for valuation of immovable property
          are subject to a maximum of Rs. 25,000/- and that where the fees exceed the
          said amount, prior sanction of this Court is required. Mr. Bansal submits
          that the ceiling of Rs. 25,000/- ought to be applied separately to each
          property valued and not collectively to the entire assignment. According to
          him, a collective ceiling, irrespective of the number of properties separately
          inspected and valued, would lead to an unreasonable result.


18.       Mr. Bansal further submits that Clause 9 does not require sanction of this
          Court prior to appointment of the Valuer. The requirement of sanction,
          according to him, relates to payment of an amount exceeding Rs. 25,000/-.
          He therefore submits that such sanction may therefore be obtained after
          completion of the assignment and submission of the bills, provided it is
          obtained before payment is made. In support of this submission, the learned
          Amicus relies upon the decisions in Times Bank Limited v. Finoglobal
          Exports Limited 3, Industrial Investment Bank of India v. Mafatlal
          Engineering Industries Limited 4; Industrial Finance Corporation of India v.
          Estrella Batteries Limited 5 and ICICI Bank Limited v. Official Liquidator 6.
          Mr. Bansal further submits that, in the aforesaid cases, this Court sanctioned
          payment of fees exceeding the prescribed ceiling after the Valuer had
          completed the work and submitted its bills.


19.       The learned Amicus also refers to Bank of Baroda v. Blossom Breweries
          Limited 7, in which this Court declined to sanction payment exceeding the
          maximum prescribed fee. According to Mr. Bansal, the higher claim in that
3
  Order dated 12th July 2007 passed in Court Receiver’s Report (“CRR”) No. 198 of 2007
4
  Order dated 13th November 2009 passed in CRR No. 1 of 2006
5
  Order dated 7th October 2010 passed In CRR No. 149 of 2010
6
  Order dated 5th May 2011 passed in Notice of Motion No. 905 of 2011
7
  Order dated 9th July 2008 passed in CRR No. 111 of 2009 by an order dated 9th July 2009




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      case was rejected because the valuation had been carried out perfunctorily
      and the valuation report was found to be flawed. The said order was
      subsequently upheld by the Division Bench in Blossom Industries (supra).


20.   On the basis of the aforesaid authorities, Mr. Bansal submits that, while
      considering a claim exceeding the prescribed ceiling, the Court would
      ordinarily have regard to the nature and extent of the work performed, the
      quality and correctness of the valuation exercise and the delay in payment
      of the Valuer’s bills.


21.   Applying these principles to the present case, Mr. Bansal submits that five
      of the six bills raised by the Valuer pertain to separate valuation reports,
      while the remaining bill concerns inspection of the subject properties and
      preparation of a status report. He points out that four of the five valuation
      bills exceed the ceiling of Rs. 25,000/-. He further adds that neither the
      Court Receiver nor any party to the Writ Petition, however, has disputed the
      nature or extent of the work performed, alleged that the bills are inflated, or
      questioned the correctness of the valuation reports. He has accordingly
      submitted that the Valuer ought to be compensated for the work actually
      performed and that the entire revised principal claim of Rs. 6,51,062/- ought
      to be sanctioned.


22.   As regards the bill concerning inspection of the subject properties and
      preparation of the status report, Mr. Bansal points out that the 1994
      Guidelines prescribe a maximum amount of Rs. 5,000/-. He submits,
      however, that this Court retains discretion to sanction a higher amount.
      Having regard to the nature of the assignment and the absence of any
      objection to the work undertaken by the Valuer, it is submitted that the



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            revised amount claimed under this bill ought also to be sanctioned.


23.         As regards interest, Mr. Bansal fairly submits that the 1994 Guidelines do
            not expressly provide for interest on delayed payment. Reliance is,
            however, placed upon the decision in Bank of Baroda v. Eassy Stick Private
            Limited 8, in which this Court granted interest at the rate of 12% per annum
            from the date of each bill until payment. He has submitted that a Valuer
            whose professional fees have remained unpaid for a prolonged period ought
            to be compensated for the delay.


24.         Mr. Bansal submits that although interest at the rate of 12% per annum was
            granted in Eassy Stick (supra), the Valuer in the present case has confined
            its claim to interest at the rate of 6% per annum. Relying upon the decision
            of the Supreme Court in Akella Lalitha v. Konda Hanumantha Rao 9, it is
            submitted that the Court cannot grant relief in excess of that which has been
            claimed. He therefore concludes that the Valuer would be entitled to interest
            only at the rate of 6% per annum.


25.         The learned Amicus,                however,               submits          that the Valuer           cannot
            simultaneously claim interest and a further enhancement on account of
            depreciation or erosion in the purchasing power of the rupee. According to
            Mr. Bansal, interest itself compensates for the delay in payment and the
            time value of money. He fairly points out that the grant of a further
            inflation-linked enhancement after awarding interest would, therefore, result
            in compensating the Valuer twice for the same period of delay.



8
    Order dated 5th May 2014 passed in CRR No. 63 OF 2014
9
    2022 SCC OnLine SC 928




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26.   Mr. Bansal accordingly submits that the Valuer is entitled to the revised
      principal amount of Rs. 6,51,062/- together with interest quantified at Rs.
      8,20,338/- up to May 2025, aggregating Rs. 14,71,400/-. He has further
      submitted that the Valuer would be entitled to continuing interest at the rate
      of 6% per annum on the principal amount from June 2025 until actual
      payment. He submits that the additional claim based upon the multiplier of
      3.21238 and the alleged erosion in the purchasing power of the rupee,
      however, ought to be rejected.


27.   The learned Amicus lastly points out that, under the declaration
      contemplated by Clause 8 of the 1994 Guidelines, a Panel Valuer agrees to
      claim its professional fees from the funds available to the credit of the
      concerned proceedings in the hands of the Court Receiver, Commissioner
      for Taking Accounts, Official Assignee or Official Liquidator, and not to
      look personally to the office of the Court Receiver or to the State
      Government for payment. It is therefore submitted that, upon this Court
      sanctioning the amount payable, the Valuer’s claim would have to be
      pursued against the funds or assets of Petitioner No. 1 – Company in
      accordance with law.


ANALYSIS, REASONS & FINDINGS



28.   We have heard the Court Receiver; Mr. T. K. Sinha, the Valuer and the
      learned Amicus Curiae. We have also perused Court Receiver’s Report No.
      25 of 2025, the earlier Court Receiver’s Report No. 126 of 2010, the note
      submitted by the learned Amicus Curiae, the Guidelines placed on record
      and the compilation of authorities tendered for consideration.




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29.   The Valuer has raised its claim under the 1994 Guidelines. The Accounts
      Officer, while verifying the bills, referred to the 1999 Guidelines, but
      simultaneously applied the ceiling of Rs. 25,000/- prescribed under the
      1994 Guidelines. It is therefore necessary to first determine which
      Guidelines govern the assignment undertaken by the Valuer.


30.   The 1994 Guidelines deal with the appointment of Architects or firms of
      Architects for valuation of immovable properties, including lands, buildings
      and structures. The scale of fees prescribed thereunder is linked to the sale
      price realised or the valuation, whichever is lower. The Guidelines are thus
      directed towards valuation of immovable properties, particularly where
      such valuation is undertaken in aid of their sale. The 1999 Guidelines, on
      the other hand, deal with valuation undertaken for determination of royalty
      or compensation in respect of movable and immovable properties. As
      explained by this Court in Bai Mamubai Trust (supra), royalty or
      compensation in this context concerns the amount payable by an occupier to
      the person lawfully entitled to possession. Such an exercise is conceptually
      distinct from valuation of immovable property for the purpose of its sale.


31.   The distinction between the two categories was maintained even in the
      Guidelines issued in 2007. Annexure I thereto deals with valuation of
      immovable properties, whereas Annexure III separately deals with
      determination of royalty and compensation. The classification adopted in
      the successive Guidelines therefore reinforces the distinction between
      valuation for sale and valuation for determination of royalty or
      compensation. The nature of the assignment in the present case is clear. By
      order dated 1st December 2003, the Court Receiver was directed to visit the
      subject properties, report upon their existing condition, invite offers for



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      purchase of the building on an “as is where is” basis and explore the
      possibility of completing the construction in accordance with the sanctioned
      plans before making the building available for sale. The Valuer was engaged
      in furtherance of that exercise. The Valuer inspected the properties, prepared
      a report concerning their condition and prepared separate valuation reports
      in respect of the properties. The assignment was consequently one for
      valuation of immovable properties in aid of their proposed sale. It had
      nothing to do with determination of royalty or compensation payable by an
      occupier.


32.   The Valuer was engaged in January 2004, completed the assignment in May
      2004 and raised its bills on 15 th May 2004. The 2007 Guidelines, which
      came into force subsequently, plainly cannot govern an assignment which
      had already been completed. The Division Bench in Blossom Industries
      (supra) has also recognised that the Guidelines applicable to the claim of a
      Valuer are those governing the appointment and performance of the
      assignment. We therefore find that the professional fees payable to the
      Valuer in the present case are governed by the 1994 Guidelines.


33.   Clause 9 of the 1994 Guidelines, insofar as relevant, reads as follows:

                  “Architects as per present scale will be paid subject
                  maximum fees of Rs. 25,000/- in respect of valuation of
                  immovable properties. In case of fees exceeding Rs.
                  25,000/- to valuers of immovable properties, prior sanction
                  of the Court be obtained.”


      Clause 9 thus prescribes a ceiling of Rs. 25,000/- for valuation of
      immovable property, while expressly contemplating the sanction of this
      Court where the fees exceed that amount. The question is whether such
      sanction necessarily had to be obtained before the Valuer was appointed or



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      whether the Court can sanction the higher fees after completion of the
      assignment and before payment.


34.   On a plain reading of Clause 9, we find no stipulation requiring the Court’s
      sanction to be obtained before appointment of the Valuer. The expression
      “prior sanction” must be understood in relation to the act which requires
      sanction, namely, payment of fees exceeding Rs. 25,000/-. The requirement
      is, therefore, that an amount in excess of the prescribed ceiling ought not to
      be paid without prior sanction of the Court. Such an interpretation is also
      consistent with the practical nature of a valuation assignment. The extent
      and complexity of the work, the number of properties to be inspected, the
      documents which may have to be examined and the nature of the reports
      required may not always be capable of being assessed with precision at the
      stage of appointment. The amount ultimately payable would be apparent
      only after the assignment has been completed.


35.   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. If the officer of the Court engaging
      the Valuer does not obtain a sanction which may subsequently be required
      before payment of fees exceeding the prescribed ceiling, that administrative
      omission cannot, by itself, operate to deprive the Valuer of reasonable
      remuneration for work actually performed and accepted. The orders in
      Times Bank (supra), Industrial Investment Bank of India (supra), Industrial
      Finance Corporation of India (supra) and ICICI Bank (supra) demonstrate
      that this Court has, in appropriate cases, sanctioned professional fees
      exceeding the prescribed ceiling after completion of the assignment and
      submission of the bills. We are, therefore, unable to accept that the absence



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      of sanction prior to appointment constitutes an absolute bar to payment of
      fees exceeding Rs. 25,000/-. The requirement under Clause 9 is satisfied if
      the Court’s sanction is obtained before payment of the amount exceeding
      the prescribed ceiling.


36.   The 1994 Guidelines do not expressly state whether the ceiling of Rs.
      25,000/- is to be applied to the entire assignment or separately to each
      property valued. The scale of fees, however, is itself structured with
      reference to the valuation of the immovable property. Where a Valuer is
      required to inspect and separately value several distinct properties, the
      ceiling must, in our considered view, ordinarily be applied separately to
      each valuation exercise. Any other interpretation would produce an
      anomalous result. A Valuer engaged to value one property and a Valuer
      required to inspect and separately value five or ten distinct properties
      would, on such an interpretation, be subject to the same aggregate ceiling,
      irrespective of the additional work, time and professional responsibility
      involved. The Guidelines cannot reasonably be construed so as to produce
      such a result.


37.   In the present case, the Valuer prepared five separate valuation reports
      concerning five distinct properties. Four of the five valuation bills exceed
      Rs. 25,000/-. The sixth bill relates to inspection of the properties, the cost of
      photographs and preparation of a report concerning their existing condition.
      The claim must therefore be examined with reference to the work
      performed under each component of the assignment. The authorities relied
      upon by the learned Amicus Curiae indicate that sanction of fees exceeding
      the prescribed ceiling is not automatic. The Court is required to examine,
      inter alia, the nature and extent of the work performed and the quality and



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      correctness of the valuation exercise. The circumstances in which the claim
      has remained unpaid may also be relevant when the Court considers the
      consequential claim for interest.


38.   In Bank of Baroda (supra), this Court declined to sanction fees exceeding
      the prescribed ceiling where the valuation had been carried out
      perfunctorily and the valuation report was found to be flawed. The order
      was subsequently upheld by the Division Bench in Blossom Industries
      (supra). The principle which emerges is that the Court must be satisfied that
      there are adequate grounds for sanctioning an amount in excess of the
      ordinary ceiling. The present case stands on an entirely different footing.
      Neither the Court Receiver nor any party to the original proceedings has
      disputed that the Valuer inspected the subject properties, prepared the
      requisite reports and undertook separate valuation exercises. There is no
      allegation that the work was perfunctory, that the bills are inflated, or that
      the valuation reports are defective or unreliable. On the contrary, the Court
      Receiver accepted the reports and, as far back as 2010, placed the question
      of sanction of the Valuer’s fees before this Court through Court Receiver’s
      Report No.126 of 2010. The bills have remained unpaid not because of any
      dispute concerning the work performed, but because of the subsequent
      course of the proceedings, the disposal of the Writ Petition, the absence of
      funds, the inability to trace Petitioner No. 1 – Company and the fact that the
      earlier Report remained pending without orders being passed thereon.


39.   The Valuer completed its assignment in 2004. More than twenty-two years
      have elapsed since the bills were raised. During this entire period, there has
      been no adjudicated finding that the work performed was unnecessary,
      deficient or incorrectly carried out. In these exceptional circumstances, and



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      having regard to the nature and extent of the work actually performed, we
      are satisfied that there are sufficient grounds to sanction the professional
      fees exceeding the ordinary ceiling prescribed under the Clause 9 of the
      1994 Guidelines. Insofar as the bill relating to inspection of the properties,
      photographs and preparation of the status report is concerned, the 1994
      Guidelines prescribe a maximum amount of Rs. 5,000/-. Having regard to
      the nature and extent of the inspection undertaken, the number of properties
      involved, the report submitted and the absence of any objection to the work
      performed, we are satisfied that the higher amount claimed under this bill
      also merits sanction. The revised principal claim of Rs. 6,51,062/- is
      therefore sanctioned in full.


40.   The 1994 Guidelines do not expressly provide for payment of interest
      where the professional fees of a Panel Valuer remain unpaid. The absence of
      an express provision, however, does not prevent the Court, in an appropriate
      case, from awarding reasonable compensation for an extraordinary period
      during which professional fees legitimately earned pursuant to a Court-
      authorised assignment have remained unpaid. In Bank of Baroda (supra),
      this Court granted interest at the rate of 12% per annum from the date of the
      respective bills until payment. The principle underlying such an award is
      that a professional who has performed the work entrusted by the Court and
      has remained deprived of the remuneration lawfully due ought not to be left
      without compensation for the period of delay.


41.   The present case presents an especially compelling instance. The Valuer
      completed its assignment and raised its bills in May 2004. It repeatedly
      sought payment. The Court Receiver repeatedly called upon the Petitioners
      to deposit the amount. Court Receiver’s Report No. 126 of 2010 was



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      thereafter filed specifically seeking directions concerning the Valuer’s fees.
      Yet, for reasons which do not appear attributable to the Valuer, the claim
      remained unresolved for more than two decades. The Valuer has confined
      its claim to interest at the rate of 6% per annum. In view of the principle
      stated by the Supreme Court in Akella Lalitha (supra), we see no
      justification for granting relief in excess of the relief claimed. In the
      circumstances of the present case, interest at the rate of 6% per annum is
      also, in our considered view, fair and reasonable.


42.   The interest claimed at the rate of 6% per annum on the principal amount of
      Rs. 6,51,062/- for 21 years up to May 2025 has been quantified at Rs.
      8,20,338/-. The said computation is not disputed and we find no reason to
      interfere with it. The Valuer would also be entitled to compensation for the
      period subsequent to May 2025. Accordingly, simple interest at the rate of
      6% per annum shall continue to run on the principal amount of Rs.
      6,51,062/- from 1st June 2025 until payment.


43.   The Valuer has additionally claimed an amount towards the alleged
      depreciation or erosion in the purchasing power of the rupee. It has applied
      a multiplier of 3.21238 to the aggregate amount of principal and interest
      and, on that basis, has enhanced its claim from Rs. 14,71,400/- to Rs.
      47,26,710/-. We are unable to accept this claim. The object of awarding
      interest is, inter alia, to compensate for the deprivation of money over a
      period of time and to recognise the time value of money. Once reasonable
      interest is awarded for the entire period during which the Valuer has been
      deprived of its professional fees, a further enhancement on account of
      inflation or erosion in purchasing power would, in the circumstances of the
      present case, result in overlapping compensation for the same period of



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      delay.


44.   The manner in which the Valuer has computed the additional claim
      reinforces this conclusion. The multiplier has been applied not merely to the
      principal amount but to the aggregate of principal and interest. The result
      would be to apply an inflation-linked enhancement even to the amount
      awarded by way of compensation for the delay itself. We, therefore, accept
      the submission of the learned Amicus Curiae that the Valuer cannot, in the
      circumstances of the present case, simultaneously recover interest for the
      period of delay and a further inflation-linked enhancement for that same
      period. The claim based upon the multiplier of 3.21238 and the alleged
      erosion in the purchasing power of the rupee is accordingly rejected.


45.   The Valuer is consequently entitled to the revised principal amount of Rs.
      6,51,062/- and interest of Rs. 8,20,338/- calculated up to May 2025,
      aggregating to Rs. 14,71,400/- together with further simple interest at the
      rate of 6% per annum on the principal amount of Rs. 6,51,062/- from 1 st
      June 2025 until actual payment.


46.   The next question concerns the manner in which the sanctioned amount is
      to be paid. Clause 8 of the 1994 Guidelines contemplates a declaration by a
      Panel Valuer that its professional fees shall be claimed from the funds
      available to the credit of the concerned proceedings in the hands of the
      Court Receiver, Commissioner for Taking Accounts, Official Assignee or
      Official Liquidator, and that the Valuer shall not look personally to the
      office of the Court Receiver or to the State Government for payment. In the
      present case, the Court Receiver has categorically stated that there are no
      funds available in the suit account. On the contrary, the account is running



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      into debit to the extent of Rs. 684/-. The initial sum of Rs. 500/- deposited
      by Ms. Clare Gonsalves towards the costs of the Court Receiver has long
      ceased to constitute an available fund against which the Valuer’s
      professional fees can be paid.


47.   We have considered whether the sanctioned amount can nevertheless be
      directed to be paid immediately from any fund presently under the control
      of the Court Receiver. No such fund has been shown to exist. In the absence
      of any identified fund or asset under the control of the Court Receiver from
      which payment can lawfully be made, we would not be justified in directing
      payment from any general or office account of the Court Receiver or from
      public funds. The sanctioned amount must consequently be recovered from
      the assets or funds of the person or estate legally liable to discharge the
      claim. Petitioner No. 1 – Company is stated to be under liquidation and the
      Official Liquidator, Uttar Pradesh and Uttarakhand, is stated to have been
      designated by the Allahabad High Court to deal with the claims of its
      creditors. The appropriate course, therefore, is for the Valuer to lodge its
      claim before the competent Official Liquidator, supported by the present
      order and the underlying material.


48.   The Valuer shall accordingly be at liberty to lodge its claim for Rs.
      14,71,400/- together with further interest at the rate of 6% per annum on the
      principal amount of Rs. 6,51,062/- from 1 st June 2025 until payment, before
      the concerned Official Liquidator. The claim shall be considered in
      accordance with law, including the applicable statutory priorities and the
      orders governing the liquidation. The Court Receiver shall forward to the
      concerned Official Liquidator a copy of the present order together with the
      relevant valuation reports, revised invoices and such other material as may



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      be necessary for the Valuer to substantiate its claim. The Court Receiver
      shall not, however, be required to undertake any further recovery
      proceedings on behalf of the Valuer.


49.   We make it clear that sanction of the Valuer’s professional fees by this
      Court does not, by itself, determine the priority in which the claim is to be
      satisfied in liquidation or create any personal liability upon the Official
      Liquidator. Those matters shall be determined by the competent
      authority/forum in accordance with the applicable law.


50.   The Valuer has sought impleadment of Smt. Rowena Sharma and directions
      for freezing the bank accounts and assets of companies with which she is
      stated to be associated, in the event that the funds available with the Official
      Liquidator are insufficient to satisfy the Valuer’s claim. We are unable to
      grant such reliefs in the present proceedings. There is no substantive
      material before us establishing any personal liability of Smt. Rowena
      Sharma for the liabilities of Petitioner No. 1 – Company. Nor is there
      material establishing that the assets of any separate corporate entity with
      which she may have been associated are liable to be proceeded against for
      satisfaction of the present claim. Mere association with a company, or
      relationship with a person who was formerly associated with that company,
      cannot by itself constitute a legal basis for fastening personal liability or
      freezing the assets of separate corporate entities. Such reliefs would require
      appropriate pleadings, a legally sustainable basis for the relief sought and an
      opportunity of hearing to the persons or entities whose assets are proposed
      to be affected. The reliefs sought against Smt. Rowena Sharma and the
      other companies are therefore rejected. This shall not preclude the Valuer
      from adopting such independent proceedings as may be permissible in law,



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      if it is otherwise able to establish the legal basis for any claim against such
      persons or entities.


51.   The order dated 1st December 2003 required the Court Receiver to visit the
      subject properties, report upon their condition, invite offers and explore the
      possibility of completion and sale. The Court Receiver obtained the
      necessary technical assistance, caused the subject properties to be inspected
      and received the requisite reports from the Valuer. The assignment entrusted
      to the Court Receiver has accordingly been substantially completed. The
      underlying Writ Petition was disposed of on 5 th September 2005. The suit
      account contains no funds and is running into debit. Petitioner No. 1 –
      Company cannot presently be traced, its Director has expired, and repeated
      communications addressed to the concerned parties have not yielded any
      response. Court Receiver’s Report No.126 of 2010 has remained pending
      for several years. In these circumstances, there is no useful purpose in
      requiring the Court Receiver to remain seized of the matter any longer.


52.   The Valuer’s professional fees have now been determined. The Valuer has
      been granted liberty to lodge its claim before the concerned Official
      Liquidator and the Court Receiver has been directed to forward the
      necessary material. No further action by the Court Receiver is therefore
      necessary. The Court Receiver is accordingly entitled to be discharged
      without passing accounts. The suit account may be closed without charging
      any further costs, charges or expenses thereto.


53.   Before parting with the matter, we consider it necessary to make an
      observation which goes beyond the immediate controversy. The Valuer was
      engaged pursuant to an order of this Court, completed the assignment in



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      May 2004 and raised its bills on 15 th May 2004. It has thereafter been
      compelled to pursue its professional fees for more than two decades and has
      ultimately had to approach the Court again for determination of a claim
      arising out of work performed at the instance of an officer of the Court.
      Such a situation ought not to recur. Professionals engaged by the Court, or
      by an officer of the Court pursuant to an order of the Court, perform their
      assignments in the legitimate expectation that their professional fees will be
      paid in accordance with law within a reasonable time. Administrative or
      procedural difficulties following disposal of the substantive proceedings
      should not result in a professional being left without payment for decades
      and thereafter being required to litigate for recovery of fees which were
      never disputed on merits.


54.   Appropriate administrative mechanisms must therefore ensure that, before a
      Court Receiver is discharged or a proceeding is closed, all outstanding
      professional fees of persons engaged in aid of the Court’s proceedings are
      identified and appropriate directions for their payment or recovery are
      obtained. The Registry and the office of the Court Receiver shall bear this
      consideration in mind in future matters. The Court also considers it
      appropriate to express its regret to the Valuer for the extraordinary delay
      which has occurred in the resolution of its claim. The delay of more than
      two decades is wholly disproportionate to the nature of the professional
      assignment and is plainly an unfortunate consequence of the manner in
      which the matter remained unresolved. We hope that the present order will
      finally enable the Valuer to pursue and realise its legitimate dues in
      accordance with law.


55.   In view of the foregoing discussion, the Valuer’s professional fees are



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                                sanctioned to the extent of Rs. 6,51,062/-. The Valuer is further entitled to
                                interest of Rs. 8,20,338/- up to May 2025 and continuing simple interest at
                                the rate of 6% per annum on the principal amount of Rs. 6,51,062/- from 1 st
                                June 2025 until actual payment. The claim for further enhancement on
                                account of erosion in the purchasing power of the rupee is rejected. The
                                Valuer shall be at liberty to lodge the sanctioned claim before the concerned
                                Official Liquidator. The Court Receiver shall forward the present order and
                                relevant material to the concerned Official Liquidator as expeditiously as
                                possible, and not later than three weeks from the date of this order and shall
                                thereafter stand discharged. No personal liability is fastened upon the Court
                                Receiver, the Official Liquidator, the State Government, Smt. Rowena
                                Sharma or any other person merely by reason of the present order. Court
                                Receiver’s Report No. 25 of 2025 is accordingly disposed of in the
                                aforesaid terms with no order as to costs.


                    56.         Lastly, we place on record our appreciation for the valuable assistance
                                rendered by Mr. Sharad Bansal, learned Amicus Curiae. His Notes have
                                comprehensively traced the Guidelines governing the appointment and
                                remuneration of Valuers by this Court, the orders passed in cases where
                                claims exceeded the prescribed ceiling and the principles relevant to the
                                grant of interest on professional fees remaining unpaid for a prolonged
                                period. The assistance rendered by the learned Amicus Curiae has
                                materially facilitated the Court in considering the issues arising in the
                                present matter.



                                  ( FARHAN P. DUBASH, J. )                                             ( R. I. CHAGLA J. )
                    Shubham Gadhavepatil




             Digitally signed
             by SHUBHAM                                              Page 30 of 30
SHUBHAM      SHESHRAO
SHESHRAO     GADHAVEPATIL                              ---------------------------------------------
GADHAVEPATIL Date:                                        Order dated 3rd September 2026
             2026.09.03
             17:33:15 +0530


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