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august 2015

Supreme Court of India · 2015-08-21

CITIBANK N.A. vs HITEN P. DALAL .

Citation / case number
SC 2005/11286
Court
Supreme Court of India
Petitioner
CITIBANK N.A.
Respondent
HITEN P. DALAL .
Author
SHIVA KIRTI SINGH
Bench
SHIVA KIRTI SINGH VIKRAMAJIT SEN

Judgment text excerpt

The Supreme Court addressed the restitution amount owed by Citibank to Canbank Financial Services Limited following the reversal of a money decree. The Court held that the market value of the bonds delivered must be calculated for restitution, emphasizing that Canfina is entitled to the loss incurred, which includes the market value of the bonds at Rs. 40.50 crores and interest at 9% from the date of receipt. The judgment clarified the principles of restitution under contract law, affirming that the calculation of loss must reflect the actual market conditions at the time of restitution.

CITIBANK N.A. vs HITEN P. DALAL . · Niyam