Niyam v2 is live — start for just ₹100 — 200 credits to try

july 2008

Supreme Court of India · 2008-07-15

M/S. Indo Automobiles vs M/S. Jai Durga Enterprises & Ors

Citation / case number
AIR 2009 SUPREME COURT 386
Court
Supreme Court of India
Petitioner
M/S. Indo Automobiles
Respondent
M/S. Jai Durga Enterprises & Ors
Bench
Aftab Alam, Tarun Chatterjee

Judgment text excerpt

The Supreme Court held that the High Court erred in quashing proceedings under Section 138 of the Negotiable Instruments Act, 1881, on the basis of postal endorsement. The Court emphasized that once a notice is sent to the correct address via registered post, it is presumed to be served, as established in K. Bhaskaran vs. Sankaran Vaidhyan Balan and V. Raja Kumari vs. P. Subbarama Naidu. The Court restored the proceedings, allowing the appeal and clarifying that postal endorsements will be considered at trial based on the case's background facts.

M/S. Indo Automobiles vs M/S. Jai Durga Enterprises & Ors · Niyam