Last Updated on April 2, 2023 by Administrator
Recently, the Supreme Court used the restitution principle and ordered two people to return the funds paid out in accordance with its order, which came from the proceeds of the sale of the property owned by Unitech that was sold to M/s. Devas Global Services LLP. No party should be unfairly favoured by a court order, a bench made up of Chief Justice DY Chandrachud and Justice MR Shah emphasised while passing the restitution order, relying on judgement of the case of Indore Development Authority v. Manoharlal and Ors.
The Bench pointed out that it had earlier given the two people the aforementioned sum solely based on the Justice Dhingra Committee’s report, which was founded on a 2018 MoU. The payment was made without considering the parties’ or persons’ claims’ rights.
“There was therefore an obvious error and/or mistake on the part of this Court in directing to pay Rs. 56.11 crores to Shri Naresh Kempanna and Rs. 41.96 crores to Col. Mohinder Khaira, which as such was without any adjudication of the claims of the aforesaid two persons,” the bench stated in its conclusion. In light of this, we believe that the error or mistake made by this Court should be rectified in accordance with the restitution principle.
Because of this, the Bench ordered Naresh Kempanna and Col. Mahinder Khaira to return the money they got along with 9% interest starting from the day they received the payment. To lodge the money with the Supreme Court registry was their instruction. The Court also decided that this case was appropriate for applying the actus curiae neminem gravabit and principle of restitution.
Case Title: Bhupinder Singh v. Unitech Limited
Civil Appeal no. 10856/2016
Written by: Srijan Raj
