Supreme Court · 2019 INSC 920 · Decided 20 August 2019
Goa State Cooperative Bank LTD. v. Krishna Nath A. (Dead) Through LRS. and Others
- Court
- Supreme Court of India
- Citation
- 2019 INSC 920 · [2019] 10 S.C.R. 721
- Case number
- CIVIL APPEAL No. 10696/2010
- Decided
- 20 August 2019
- Bench
- ARUN MISHRA, S. ABDUL NAZEER, M.R. SHAH (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Maharashtra Co-operative Societies Act, 1960: s. 109 - Termination of liquidation proceedings - Expiry of the period fixed for liquidation - Effect of, on the proceedings for recovery of dues instituted/pending as against the members - Held: Concept of restitution is unjust enrichment or unjust benefit - When there is stay of proceedings by court, no person can be made to suffer for no fault on his part and a person who has liability but for the interim stay, cannot be permitted to reap the advantages on the basis of interim orders of the court -
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