# In the matter of Cushman and Wankefield India Private Limited Vs Union of India & Anr WP (C) No. 9883 -2018 CM No. 38508-2018

> HC judgment dated 2019-01-31. Citation: TCN-2019-HC-00020. Several writ petitions were filed challenging the constitutional validity of Rule 3(2) of the…

- **Court:** HC
- **Order date:** 31 Jan 2019
- **Citation:** TCN-2019-HC-00020
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/cushman-and-wankefield-india-private-limited-vs-union-of-india-anr-wp-1f7b945c

## Summary

### Background

Several writ petitions were filed challenging the constitutional validity of Rule 3(2) of the Companies (Registered Valuers and Valuation) Rules, 2017. The petitioners, primarily real estate consultancy firms, argued that the rule, which disqualifies companies that are subsidiaries, joint ventures, or associates of other companies from being registered valuers, violates Articles 14, 19(1)(g), and 301 of the Constitution of India. The petitioners contended that the rule imposes unreasonable restrictions on their right to carry on trade and business and is discriminatory. The respondents, on the other hand, defended the rule, arguing that it is necessary to maintain the integrity and independence of the valuation profession and to prevent conflicts of interest. They

…

## Facts

The case involves multiple writ petitions challenging the constitutional validity of Rule 3(2) of the Companies (Registered Valuers and Valuation) Rules, 2017. The petitioners, including Cushman and Wakefield India Private Limited, Knight Frank (India) Private Limited, CBRE South Asia Private Limited, and Jones Lang LaSalle Property Consultants (India) Private Limited, are real estate consultancy firms engaged in providing valuation services. They argue that Rule 3(2), which disqualifies companies that are subsidiaries, joint ventures, or associates of other companies from being registered valuers, violates Articles 14, 19(1)(g), and 301 of the Constitution of India. The petitioners contend that the rule imposes unreasonable restrictions on their right to carry on

…

## Issues and analysis

### Issue 1: Whether Rule 3(2) of the Companies (Registered Valuers and Valuation) Rules, 2017, is …

**Ratio:** The principle of reasonable classification allows the state to classify persons or things

…

**Reasoning:** The court reasoned that the rule aims to ensure the independence and integrity of the

…

**Interpretation:** The court interpreted Article 14 as permitting reasonable classification, not

…

**Application:** The court applied the principle of reasonable classification to the facts of

…

## Parties

- **Judges:** THE CHIEF J…; V. KAMESW…
- **Appellants:** Cushman &…
- **Respondents:** UNION OF INDIA &…

## Timeline

- **2017-01-01 — Companies (Registered Valuers and Valuation)…**: The Companies (Registered Valuers and Valuation) Rules, 2017 were framed, including Rule…
- **2017-10-18 — Notification of Section…**: Section 247 of the Companies Act was notified along with the Companies (Registered…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/high-courts-chandigarh-bench/cushman-and-wankefield-india-private-limited-vs-union-of-india-anr-wp-1f7b945c