Supreme Court of India · 2007-10-11
M/S. SARAV INV&FIN.CONSL. PVT. LTD. &ANR vs LLOYDS REG.OF.SHIP.IND.OFF.STAF.PF.&ANR
- Citation / case number
- SC 2006/26577
- Court
- Supreme Court of India
- Petitioner
- M/S. SARAV INV&FIN.CONSL. PVT. LTD. &ANR
- Respondent
- LLOYDS REG.OF.SHIP.IND.OFF.STAF.PF.&ANR
- Author
- HARJIT SINGH BEDI S.B. SINHA
- Bench
- HARJIT SINGH BEDI S.B. SINHA
Judgment text excerpt
The Supreme Court held that for a valid notice under Section 138 of the Negotiable Instruments Act, 1881, it must be served in accordance with the law, which includes sending it via registered post or courier with acknowledgment due. The Court found that the notice was not properly served as it was not sent through registered cover, and the affidavits of service did not establish valid service. Consequently, the complaint under Section 138 was dismissed due to non-compliance with the statutory requirements for notice.