9911796707
TMI Blog1971 (11) TMI 86X X X X Extracts X X X X X X X X Extracts X X X X ..... du, J. The point that arises for determination in this civil revision petition is whether the notice issued to a member of a banking company by sending by post to his registered address or to the address which was supplied by him to the company for giving notice to him was not sufficient in the circumstances of the case. One deceased, Thanu Pillai, was a shareholder of the Bank of Kerala Ltd., wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt of Rs. 500 due to the plaintiff bank at the rate of Rs. 50 for 10 shares. It is now admitted that Thanu Pillai died in December, 1949. It is contended on behalf of the respondents, as the legal representatives for Thanu Pillai, that the forfeiture notice was not valid and that they are not liable to pay any amount to the bank. It is established that exhibits P-4 and P-5 notices had been sent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as been so supplied, by serving the document in any manner in which it might have been served if the death or insolvency had not occurred." It is clear from the provisions of the above sub-section that it is the duty of the legal representatives to furnish their address for a notice to be sent and if they failed to send the intimation to the company, the company would serve the document or notic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no other contention in the suit excepting the question as to the validity of the notice. Having found that the notice is valid, the plaintiff will be entitled to a decree as prayed for against the assets of deceased Thanu Pillai, if any, in the hands of the defendants. In the result, the revision petition is allowed and the suit is decreed as prayed for against the assets of deceased Thanu Pilla ..... X X X X Extracts X X X X X X X X Extracts X X X X
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