BHUPINDER SINGH versus UNITECH LIMITED

BHUPINDER SINGH versus UNITECH LIMITED

Applying the principle of restitution and actus curiae neminem gravabit, the Court held that amounts of Rs.56.11 crores (paid to Shri Naresh Kempanna) and Rs.41.96 crores (paid to Col. Mohinder Khaira), disbursed pursuant to earlier orders, were paid without adjudication of entitlement and must be returned and deposited in the Registry with 9% interest from the date of receipt; the respondents were granted liberty to move appropriate applications to seek adjudication of any entitlement.

Parties
Appellant: Bhupinder Singh; Respondent: Unitech Limited; Respondent: Shri Naresh Kempanna; Respondent: Col. Mohinder Khaira; Interested Party: M/s. Devas Global Services LLP
Jurisdiction
India
Judgment Date
23 March 2023
Procedural Posture
Interlocutory Application in Civil Appeal No.10856 of 2016 / I.a. No.88960 of 2020 Disposed of
Outcome
I.A. No.88960 of 2020 allowed in part and disposed of; directed repayment and deposit of amounts by the two respondents with interest; I.A. No.47525 of 2021 disposed of.
Legal Topics
Restitution, Actus Curiae Neminem Gravabit, Interim Orders, Unjust Enrichment
Civil Procedure Equity Property Law Restitution Actus Curiae Neminem Gravabit Interim Orders Unjust Enrichment

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Parties

Bhupinder Singh

Appellant

Unitech Limited

Respondent

Shri Naresh Kempanna

Respondent

Col. Mohinder Khaira

Respondent

M/s. Devas Global Services LLP

Interested Party

Procedural Posture

Interlocutory Application in Civil Appeal No.10856 of 2016 / I.a. No.88960 of 2020 Disposed of

Legal Issues

  1. 1 Whether amounts disbursed to Shri Naresh Kempanna and Col. Mohinder Khaira pursuant to earlier orders should be returned under the principle of restitution
  2. 2 Whether the Court erred in directing payment to third parties without adjudicating entitlement

Ratio Decidendi

Applying the principle of restitution and actus curiae neminem gravabit, the Court held that amounts of Rs.56.11 crores (paid to Shri Naresh Kempanna) and Rs.41.96 crores (paid to Col. Mohinder Khaira), disbursed pursuant to earlier orders, were paid without adjudication of entitlement and must be returned and deposited in the Registry with 9% interest from the date of receipt; the respondents were granted liberty to move appropriate applications to seek adjudication of any entitlement.

Court Disposition

I.A. No.88960 of 2020 allowed in part and disposed of; directed repayment and deposit of amounts by the two respondents with interest; I.A. No.47525 of 2021 disposed of.

Orders

  • Shri Naresh Kempanna to return and deposit Rs.56.11 crores with 9% interest from the date of receipt into the Registry of the Supreme Court within four weeks.
  • Col. Mohinder Khaira to return and deposit Rs.41.96 crores with 9% interest from the date of receipt into the Registry of the Supreme Court within four weeks.