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august 2014

Supreme Court of India · 2014-08-20

Shivgiri Associates & Ors vs Metso Minerals (India) Pvt Ltd

Citation / case number
AIRONLINE 2014 SC 49
Court
Supreme Court of India
Petitioner
Shivgiri Associates & Ors
Respondent
Metso Minerals (India) Pvt Ltd
Author
Vikramajit Sen
Bench
Vikramajit Sen, T.S. Thakur

Judgment text excerpt

The Supreme Court held that the courts at Gurgaon do not have territorial jurisdiction to entertain proceedings under Section 138 of the Negotiable Instruments Act, 1881, solely based on the dispatch of a notice from that location. The Court emphasized that the dishonoured cheques were drawn on a bank in Bangalore, and thus the appropriate jurisdiction lies there. The appeal was allowed, and the complaint was directed to be re-filed in Bangalore, with a provision for deemed filing within limitation if done within 30 days.

Shivgiri Associates & Ors vs Metso Minerals (India) Pvt Ltd · Niyam