Company Appeal No.1 of 2009 01.05.2009 Present: Mr. Sakal Bhushan, counsel for the appellant. The only grievance of the appellant in respect of the order of the Company Law Board, dated 5th March, 2009 is that the appellant has been directed to pay Rs. 2,00,000/- to M/S. L.C. Kailash and Associates who were appointed as valuers by Company Law Board. Learned counsel for the appellant urges that as per the order of the Company Law Board dated 05.10.2005 whereby the Valuer was appointed the remuneration of the Valuer was to be fixed by the two sides after negotiation. This fees was never fixed. He urges that the Valuer could not have entered into process of valuation without the fee being fixed. It is also contended that since the report of the Valuer has been set aside by the Company Law Board, the CLB could not have passed any direction with regard to payment of fee. We are of the considered view that it is the CLB which should decide the issue. The appellant can move the Company Law Board for review/modification of the orders directing it to pay the fees of the Valuer. We are passing this order because we feel that when the Company Law Board appointed the Valuer, without fixing the remuneration it is for the Company Law Board after taking into consideration the entire facts to decide the question whether the Valuer is entitled to fee, if any, and if so to what amount. The appropriate remedy for the appellant is to move the Company Law Board for recalling/modifying the earlier order. In case the appellant files such an application within two weeks, before the Company Law Board, the Board shall decide the same after issuing notice to M/S. L.C. Kailash & Associates within six weeks, thereafter. The appeal is accordingly disposed of. ‘Dasti copy’ ( Deepak Gupta ) Judge ( V. K. Ahuja ) Judge May 1, 2009 *BRB*