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Saraswati Singh and Ors. v. Shailesh Singh and Ors. (Miscellaneous Application)

Writ Petition (Criminal) · 2018 INSC 321Decided 10 Apr 2018
Writ Petition (Criminal) No. 105 of 2016
Chief Justice Dipak Misra · Justice A.M. Khanwilkar · Dr. Justice D.Y. Chandrachud

Background

During an earlier writ petition, the petitioners (Saraswati Singh and others) had been directed by the Supreme Court to deposit money and title deeds with the Court's Registry as a condition for interim relief, and the respondents were allowed to withdraw part of that money. The Rs. 35 lakh deposit (of which the respondents withdrew Rs. 25 lakh, leaving Rs. 10 lakh with the Registry in a fixed deposit) and the title deeds were meant to test the petitioners' bona fides while the case was pending; the main writ petition was ultimately dismissed by the Court on 6 March 2018. The petitioners then filed this Miscellaneous Application asking for the deposited money and title deeds to be returned to them.

Decision Breakdown

The Court found merit in the petitioners' application, holding that since the writ petition had already been dismissed, there was no further basis to keep their funds and title deeds with the Court or the respondents. It directed the Registry to return the Rs. 10 lakh held in fixed deposit (with accrued interest) to the petitioners, ordered the respondents to refund the Rs. 25 lakh they had withdrawn within three weeks, and directed that the title deeds be returned to the petitioners. The Miscellaneous Application was accordingly disposed of in full.

Lesson Learnt

Money or documents deposited in court merely as a condition for interim relief during litigation must ordinarily be returned to the depositing party once the underlying case is finally decided and the condition no longer serves any purpose.

Official source (sci.gov.in)View Judgment (PDF)

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