VidhiSangh

Supreme Court of India · 18/02/2025

DR. POORNIMA ADVANI & ANR versus GOVERNMENT OF NCT & ANR.

[2025] 2 S.C.R. 1178 · 2025 INSC 262

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Summary

The Supreme Court held that purchasers who obtained a High Court direction for refund of stamp duty paid on a lost, unused e-stamp paper were also entitled to interest, since money retained by the State without right carries a right to interest even absent a statutory provision; it awarded interest at 8% per annum on the amounts retained, computed at Rs. 4,35,968.

Issues

  1. Whether the appellants, who had been granted refund of Rs. 28,10,000 paid for an e-stamp paper that was lost before use, were entitled to interest on the refunded amount.
  2. Whether the absence of a statutory provision for interest on such a refund bars the award of interest.

Provisions considered

Held

Result

Appeal disposed of; respondents directed to pay Rs. 4,35,968 as interest on the refunded stamp duty within two months.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 1178.