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Valuation of Suits

1.    The valuation of a Suit / case has relevance only to Civil proceedings, and in criminal proceedings, there is nothing as such valuation of the case, except in Section 138 cases (dishonour of cheque proceedings) where some of the States, including State of Maharashtra have prescribed the payment of Court fee for filing Criminal Complaints.

2.    The valuation of a Suit / case depends upon the forum / court you have chosen to enforce your rights; and further depends upon the nature of right which is enforced and nature of Reliefs which are being prayed.

3.    Suit for possession of property or Suit for specific performance of Contracts, attracts the Court fee based on value of the property. Also, Suit for compensation or Suit for Money attracts the Court fee based on amount claimed as compensation / damages or amount claimed under Money Suit.

4.    A mere declaration or Injunction Suit attracts nominal court fee.

5.    Further, enforcement of statutory contracts, or enforcement of statutory obligations, attracts nominal court fee, although they may be Suit for Money or Suit for Specific performance of Contracts.

6.    Also, it may be noted that Suit is valued on the basis of cause of action. Like for example, assume that there are 10 Invoices of different or even dates, aggregating Rs.10.00 lacs which are to be recovered by way of filing a Suit. Then, first of all it may be noted that each invoice gives an independent cause of action to the concerned party; and therefore, although a common Suit for the recovery of Rs.10.00 Lacs comprising 10 Invoices may be filed, but the valuation of the Suit would be of each and every Invoice as separate, i.e. to Court fee would be payable on the basis of value of each and every invoice taken as separate and independent of other Invoices.

7.    Therefore, if the Invoice amount is Rs.50,000/- for 9 Invoices and one Invoice is of the value of Rs.9,50,000/-, then the Court fee would be payable according to applicable ad-voleram fee on Rs.50,000/- for 9 Invoices and applicable ad-voleram fee on Rs.9,50,000/- for 1 Invoice.

8.    It may be noted that, ordinarily, as the value of the claim increase, the amount of Court fee payable decreases. Like for example, according to the provisions of Maharashtra Court Fee Act, 1959, the Court fee payable for the Claim amount upto Rs.1.00 lacs is about Rs.6121/-; and the Court fee payable for the Claim amount upto Rs.10.00 lacs is about Rs.24,400/-.


Computation of Value of subject matter of commercial dispute which are to be filed before Commercial Courts / Divisions

Section 12 of the Act deals with the valuation of the subject matter of dispute. It says that value of the subject-matter of the commercial dispute in a suit, Appeal or Application would be determined in the following manner –

1.    Where the relief sought in a suit or application is for recovery of money, the money sought to be recovered in the suit or application inclusive of interest, if any, computed up to the date of filing of the suit or application, as the case may be, shall be taken into account for determining value of the subject matter;

2.    Where the relief sought in a suit, appeal or application relates to movable property or to a right therein, the market value of the movable property as on the date of filing of the suit, appeal or application, as the case may be, shall be taken into account for determining value of the subject matter;

3.    Where the relief sought in a suit, appeal or application relates to immovable property or to a right therein, the market value of the immovable property, as on the date of filing of the suit, appeal or application, as the case may be, shall be taken into account for determining value of the subject matter;

4.    Where the relief sought in a suit, appeal or application relates to any other intangible right, the market value of the said rights as estimated by the plaintiff shall be taken into account for determining value of the subject matter;

5.    Where the counterclaim is raised in any suit, appeal or application, the value of the subject-matter of the commercial dispute in such counterclaim as on the date of the counterclaim shall be taken into account.

The aggregate value of the claim and counterclaim, if any as set out in the statement of claim and the counterclaim, if any, in an arbitration of a commercial dispute shall be the basis for determining whether such arbitration is subject to the jurisdiction of a Commercial Division, Commercial Appellate Division or Commercial Court, as the case may be.

Sandeep Jalan
Advocate
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