LexBHUPINDER SINGH versus UNITECH LIMITED
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A B C D E F G H 950 SUPREME COURT REPORTS [2023] 4 S.C.R. [2023] 4 S.C.R. 950 950 BHUPINDER SINGH v. UNITECH LIMITED (I.A. Nos. 88960 of 2020 & 47525 of 2021) In (Civil Appeal No. 10856 of 2016) MARCH 23, 2023 [DR. D. Y. CHANDRACHUD, CJI AND M. R. SHAH, J.] Doctrines/Principles – Principle of Restitution – Pursuant to the earlier orders passed by Supreme Court, dispute w.r.t the sale consideration in respect of the land in question owned by ‘UL’ in favour of M/s. ‘DGS’, an LLP came to be confirmed in favour of ‘DGS’ – As per ‘UL’, since it was the absolute owner of the land in question therefore entitled to the entire sale consideration however, it received only a part of it and the balance amount was ordered to be paid to the respondents who were not entitled – Held: Pursuant to the earlier order(s), it appears that solely on the basis of the report submitted by Justice Dhingra Committee on the basis of an MOU and without adjudicating the rights of the respective parties, Supreme Court passed order directing to pay the balance amount to the respondents out of sale proceeds of the land sold to ‘DGS’ – There was no adjudication on the entitlement of the amount paid to the respondents which is seriously disputed – Thus, there was an obvious error and/or mistake on the part of Supreme Court – The act of the Court shall prejudice no one and in such a fact situation, the Court is under an obligation to undo the wrong done to a party by the act of the Court – Any undeserved or unfair advantage gained by a party invoking the jurisdiction of the Court must be neutralized, as the institution of litigation cannot be permitted to confer any advantage on a suitor by the act of the Court – Respondents to return the amount and deposit the same with interest in the Registry of Supreme Court – actus curiae neminem gravabit. Indore Development Authority Vs. Manoharlal and Others (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. A B C D E F G H 951 Case Law Reference [2020] 3 SCR 1 followed Para 5.1 CIVIL APPELLATE JURISDICTION: I.A. Nos. 88960 of 2020 & 47525 of 2021 in Civil Appeal No. 10856 of 2016. From the Judgment and Order dated 30.09.2016 of the National Consumer Disputes Redressal Commission Bench No.3, New Delhi in Execution Petition No.131 of 2016 in Consumer Complaint No. 1279 of 2015 (Execution). Pawanshree Agrawal, (A.C.), Varun K. Chopra, Advs. Siddhartha Dave, Sr. Adv., Deepak Goel, Vishal Gosain, Anuroop Chakravarti, Ms. Ranjeeta Rohatgi, Mrs. Samten Doma, Ms. Aarushi Singh, Abhishek S More, Nitin V Nagar, Ms. Anubha Agrawal, Joshua Samuel, Sahil Tagotra, Abhishek Pandey, Dr. J. P. Dhanda, Ms. Raj Rani Dhanda, Asokh Vasishtha, Advs. for the Appellant. K.M. Nataraj, Ms. Madhavi Divan, ASGs, Lokesh Sinhal, Sushil Kumar Sharma, Sr. AAGs, B. K. Satija, AAG, Ravindra Kumar, Nikhil Nayyar, Rajiv Dutta, Mrs. Garima Prashad, Deepak Nargolkar, Sr. Advs., Pawanshree Agrawal, Binay Kumar Das, Ms. Priyanka Das, Ms. Neha Das, Shreekant Neelappa Terdal, Suhashini Sen, T. A. Khan, Anish Kr. Gupta, Chinmayee Chandra, Siddhant Kohli, Dr. N. Visakamurthy, Himanshu Satija, Sanjay Kumar Visen, Ms. Anubha Agrawal, Naveen Hegde, Ms. Mansi Binjrajka, Ms. Pritha Srikumar, Brijesh Kumar Tamber, Nitin Saluja, Sanuj Das, P. R. Ramasesh, Nihant Panicker, N. M. Theerthegowda, Rajendra Koushik A.C., Ankolekar Gurudatta, Kamal Mohan Gupta, K. Parameshwar, Ms. Arti Gupta, Ms. Kanti, Dr. Ashutosh Garg, Ms. Rakhi Ray, Sureshan P., Vishnu Sharam, Rajesh Singh, Syed Jafar Alam, Abhinav Mukerji, Mrs. B. Sunita Rao, Sumit Kumar, Sriram P., B Ragunath, M. P. Vinod, Rajiv Mehta, Rajesh Kumar Gautam, Anant Gautam, Sumit Sharma, Vipin Kumar, Ritesh Chopra, Sarad Kumar Singhania, Ansar Ahmad Chaudhary, Ms. Madhusmita Bora, S. Rajappa, Roopansh Purohit, T. Mahipal, Somanatha Padhan, Tarun Gupta, Anurag Dubey, Ms. Anjali Tiwari, Bhupender Kumar Bharadwaj, S. R. Setia, Vikram Singh, Vivek Singh, A. Karthik, Raj Kamal, Ms. Misha Rohatgi, Manish Kumar Gupta, Neeraj Kumar Gupta, Hrishikesh Baruah, Ms. Sunieta Ojha, Ms. Aswathi M. K., Gaurav Goel, Jay Kishor Singh, Arjun Harkauli, M. R. Shamshad, Anirudh Sharma, Akshat Kumar, D.K. Rustagi, Dipesh Sinha, Kumar Dushyant Singh, Shakti Singh Dhakrey, BHUPINDER SINGH v. UNITECH LIMITED A B C D E F G H 952 SUPREME COURT REPORTS [2023] 4 S.C.R. Ms. Subasri Jaganathan, Ms. Meera Mathur, Shariq Ahmed, Tariq Ahmed, Kamran Khan, Sunil Kumar Verma, Sandeep Malik, Abishake Sharma, Inderjeet Singh, Sushil Kumar Singh, Ms. Richa Yadav,
Excerpt shown. Read the full judgment & AI analysis in Lexace.