VidhiSangh

Supreme Court of India · 17/02/2021

UNITECH LIMITED & ORS. versus TELANGANA STATE INDUSTRIAL INFRASTRUCTURE CORPORATION (TSIIC) & ORS.

[2021] 1 S.C.R. 1064 · 2021 INSC 96

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Summary

The Supreme Court held Unitech entitled to refund of Rs 165 crores after the State infrastructure corporation’s inability to convey title defeated a development project. Interest at SBI prime lending rates ran from the respective payment dates, but without contractual annual compounding. Writ relief was justified by the undisputed entitlement and arbitrary retention despite the contractual setting and arbitration clause. TSIIC had to pay, with inter-corporation apportionment left open. Stamp duty, penalty if any, and registration formalities were to be completed and adjusted against the refund.

Issues

  1. Whether writ relief was available for the undisputed refund claim despite the contractual dispute and arbitration clause.
  2. From what dates and on what basis interest was payable.
  3. Whether payment could await apportionment between successor corporations or completion of fiscal formalities.

Provisions considered

Held

Result

Unitech’s appeal partly allowed; interest restored from the respective payment dates at SBI-PLR without compounding. Refund, fiscal-compliance and adjustment directions issued; apportionment remedies preserved. Other appeals disposed of without costs.

Judgment PDF: Supreme Court of India, [2021] 1 S.C.R. 1064.