9911796707
|
Home
Issues:
Validity of notice for forfeiture of share money sent to a deceased member of a banking company. Detailed Analysis: The judgment revolves around the determination of whether a notice issued to a deceased member of a banking company for the forfeiture of share money was valid. The deceased member, Thanu Pillai, had not paid the balance amount due on his shares, resulting in the bank sending him notices regarding the forfeiture of the share money he had already paid. The key contention raised by the legal representatives of Thanu Pillai was that the forfeiture notice was not valid, and they should not be liable to pay any amount to the bank. The court examined the provisions of Section 53 of the Companies Act, 1956, which governs the sending of notices or documents to persons entitled to shares in the event of a member's death. Sub-section (5) of Section 53 specifies the manner in which documents may be served on legal representatives of a deceased member. It mandates that legal representatives must provide their address to the company for sending notices. If no address is provided, the company can serve the document in any manner as if the death had not occurred. The court found that the notices regarding the forfeiture were sent to the address of Thanu Pillai as recorded in the bank's books, which was the address supplied by him to the bank. As per the provisions of Section 53(5) of the Companies Act, the court held that sending the notice to the registered address was valid. The court emphasized that since the legal representatives did not provide an alternative address, the bank's action in sending the notice to the registered address was in compliance with the law. Consequently, the court concluded that the forfeiture order passed by the bank was valid and correct, and the legal representatives could not challenge its validity. As the notice was deemed sufficient and valid in the circumstances of the case, the court allowed the revision petition and decreed the suit in favor of the plaintiff bank against the assets of deceased Thanu Pillai, if any, in the hands of the defendants. The judgment highlighted that the plaintiff, now a nationalized bank, was entitled to the decree as sought in the suit.
|
