VidhiSangh

Supreme Court of India · 30/04/2019

Y. SAVARIMUTHU versus STATE OF TAMIL NADU & ORS.

[2019] 7 S.C.R. 947 · 2019 INSC 592

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Summary

A contractor’s lawyer’s notice and follow-up correspondence substantially complied with Section 80 CPC by identifying the contract-termination dispute and payment claim and being served on the appropriate authorities more than two months before suit. Express citation of Section 80 was unnecessary. Sending the notice while a writ appeal was contemplated or pending did not invalidate it. The High Court’s threshold dismissal was set aside and both parties’ appeals remitted for merits determination.

Issues

  1. Whether the notice and correspondence substantially satisfied Section 80.
  2. Whether omission of the statutory label or timing before disposal of the writ appeal invalidated notice.

Provisions considered

Held

Result

High Court judgment set aside. Both appeals remitted to the High Court for decision on merits, with a request for early disposal given the 2002 suit. Supreme Court appeals disposed of.

Judgment PDF: Supreme Court of India, [2019] 7 S.C.R. 947.