RAJORA BUILDER Vs. DELHI JAL BOARD

JUDGEMENT

(1.) This application filed by the judgment debtor/Delhi Jal Board is for restitution of an amount of Rs. 31,47,198.40 on the ground that this amount is overpaid to the decree holder. Judgment debtor also claims interest on this amount which is to be refunded by the decree holder.

(2.) The law with regard to restitution is stated by the Supreme Court in the case of Kavita Trehan (Mrs) and Anr. vs. Balsara Hygiene Products Ltd., : (1994) 5 SCC 380, and which is that the principle of restitution is much wider than comprised in the language of Sec. 144 CPC. This is so stated in paras 21 and 22 of the judgment in the case of Kavita Trehan (supra) and which paras read as under: -

(3.) If therefore the decree holder has been paid an excess amount than the amount to which the decree holder was entitled to under the subject Award dated 16.06.2007, the decree holder will be liable to refund that amount i.e restitution of the extra amount received by the decree holder to the judgment debtor along with interest.