# In the matter of Mr. H. K. Sharma & 131 Ors. Vs. Union of India & Ors. Writ Petition Nos. 15812, 21803 & 21929 to 2193-2018

> HC judgment dated 2018-07-17. Citation: TCN-2018-HC-00012. A writ petition was filed by the petitioner under Articles 226 & 227 of the Constitution of India.…

- **Court:** HC
- **Order date:** 17 Jul 2018
- **Citation:** TCN-2018-HC-00012
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/mr-h-k-sharma-131-ors-vs-union-of-india-ors-writ-petition-nos-15812-21803-21929-3c4ec7a5

## Summary

### Background

A writ petition was filed by the petitioner under Articles 226 & 227 of the Constitution of India. The court had granted an interim order on 07/06/2018, which was extended from time to time. An application (I.A. No. 2/2018) was filed by the advocate for the respondents, praying to vacate the interim order.

## Facts

Mr. H.K. Sharma and 131 others filed a writ petition against the Union of India and other respondents challenging the Companies (Registered Valuers and Valuation) Rules, 2017. The petitioners are registered valuers. The court had initially granted an interim order which was later challenged by the respondents. The respondents argued that Rule 11 of the impugned rules provides for a transitional arrangement, allowing valuers to continue services under certain conditions. The petitioners contended that the new rules should only be prospective and not apply to existing valuers. The court considered the impact of the rules on valuers operating under other enactments like Wealth tax and Income tax.

## Issues and analysis

### Issue 1: Whether the Companies (Registered Valuers and Valuation) Rules, 2017, should be applied …

**Ratio:** The principle of prospective application of laws generally applies unless the statute

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**Reasoning:** The court considered the petitioners' argument that the rules should only apply to new

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**Interpretation:** The court interpreted Rule 11 as a provision that mitigates the immediate

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**Application:** The court applied this interpretation to the facts by acknowledging the

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## Parties

- **Judges:** Aravind…
- **Appellants:** MR HK S…
- **Respondents:** Union of…

## Timeline

- **2018-06-07 — Interim Order…**: The court granted an interim…
- **2018-07-17 — Order Da…**: The court vacated the interim stay…

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