VidhiSangh

Supreme Court of India · 28/11/2019

ODISHA FOREST DEVELOPMENT CORPORATION LTD. versus M/S ANUPAM TRADERS & ANR.

[2019] 14 S.C.R. 1030 · 2019 INSC 1296

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Summary

The Court set aside unconditional refund of deposits made to secure interim relief against resale of Kendu leaves. Withdrawal of the purchasers’ writ petitions did not require immediate refund while contractual resale losses remained to be assessed. The deposits were protective court-ordered security rather than automatically forfeitable additional contractual deposits. OFDC was to quantify loss after notice and hearing, make a speaking order and adjust or refund accordingly, subject to challenge before the appropriate forum.

Issues

  1. Whether withdrawal of writ petitions required unconditional refund of interim-order deposits.
  2. What procedure governed retention and adjustment against alleged contractual resale losses.

Held

Result

Appeals partly allowed; unconditional refund directions set aside. OFDC to notify loss calculations, hear responses and pass speaking orders within two months of availability of a copy. Deposits to remain fixed and unappropriated meanwhile. Thereafter adjust lawful loss and refund surplus, or pursue any deficit according to law, subject to further challenge and both parties’ contentions. No costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2019] 14 S.C.R. 1030.