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july 2013

Supreme Court of India · 2013-07-01

APARNA A.SHAH vs M/S SHETH DEVELOPERS P.LTD.

Citation / case number
SC 2010/37165
Court
Supreme Court of India
Petitioner
APARNA A.SHAH
Respondent
M/S SHETH DEVELOPERS P.LTD.
Author
P.Sathasivam
Bench
JAGDISH SINGH KHEHAR P. SATHASIVAM

Judgment text excerpt

The Supreme Court addressed the issue of dishonor of a cheque under Section 138 of the Negotiable Instruments Act, 1881, holding that the appellant was entitled to maintain a complaint against the respondent for the dishonor of the cheque issued as part of a joint venture agreement. The Court emphasized that the statutory notice must be served within the stipulated time frame, and failure to do so can bar the complaint. The appeal was allowed, and the High Court's order was set aside, reinstating the complaint against the respondent.

APARNA A.SHAH vs M/S SHETH DEVELOPERS P.LTD. · Niyam