Kotak Mahindra Bank v. Hermonite Associates Ltd, [2011] 105 SCL 421 (Delhi)
"While examining the words 'has served on the company, b y causing it to be delivered at the registered office, by registered post or otherwise in section 434(1)(a), reference must be made to Section 51. The word 'served' in section 434(1)(a) is followed by the words 'by causing it to be delivered at its registered office.' The latter words have to be given due effect .... The document which includes notice under Section 434(1)(a) may be treated as served if it is 'sent' in the manner specified under Section 51.... Otherwise, by keeping the registered office closed and locked, service of notice under Section 434(1)(a) or documents under Section 51 cannot be effected... Any other interpretation would make the provisions of the Act unworkable and will be detrimental to third parties, creditors or the members."
also (1989) 1 SCC 264 - sending by (R) post is sufficient compliance.
"While examining the words 'has served on the company, b y causing it to be delivered at the registered office, by registered post or otherwise in section 434(1)(a), reference must be made to Section 51. The word 'served' in section 434(1)(a) is followed by the words 'by causing it to be delivered at its registered office.' The latter words have to be given due effect .... The document which includes notice under Section 434(1)(a) may be treated as served if it is 'sent' in the manner specified under Section 51.... Otherwise, by keeping the registered office closed and locked, service of notice under Section 434(1)(a) or documents under Section 51 cannot be effected... Any other interpretation would make the provisions of the Act unworkable and will be detrimental to third parties, creditors or the members."
also (1989) 1 SCC 264 - sending by (R) post is sufficient compliance.
No comments:
Post a Comment