The latin maxim of actus curiae neminem gravabit was reiterated by the Supreme Court stating no party should suffer due to an act of the Court.
The bench comprising of Justices R. Bhanumathi, AS Bopanna and Hrishikesh Roy held the same while entertaining an appeal filed by the Odisha Forest Development Ltd.
In the present case, an e-tender notification which pertained invitation of offers online from purchasers for the sale of phal Kendu leaf of 2017 crop. The notification issued by the corporation also indicated ‘lots’.
The successful bidder M/s Anupam Traders as per the agreement had to submit a security deposit before a specified date. The bidder sought for an extension of the date which was not entertained by the corporation. The agreement thereby was terminated at the cost and risk of the bidder. The said cancellation of the agreement was challenged before the hon’ble High Court which rendered an interim order demanding to deposit an amount of ?20,00,000 within a period of one week. Subsequently, the writ petition was withdrawn and the corporation was directed to return the sum of money. The said order was challenged in the Apex Court of India by the corporation.
Supreme Court held stating:
“ In that circumstance, when it is primafacie indicated that due to the delay caused at the instance of the private respondents the value of the Kendu leaves had reduced, thereby causing loss, in view of legal proceedings initiated by the private respondents, the Court will have to bear in mind the maxim actus curiae neminem gravabit, namely, no party should suffer due to the act of Court. In such event, since the interim order was at the instance of the respondent the appellant should in our opinion be permitted to retain the amount and complete the process by providing opportunity to the private respondents.”
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