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TMI Blog2000 (12) TMI 843X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Companies Act, 1956. In the petition filed for winding up, the respondent has stated that the applicant is a public limited company incorporated under the Companies Act, 1956, and having its registered office at No. 722/T, Chesney Town House, Commander-in-Chief Road, Egmore, Chennai-8 . This Court, by order dated 31-3-2000, ordered notice regarding admission of the company petition returnable in four weeks. This court also granted permission to the respondent to take private notice. Accordingly the notice was issued to the applicant by the Registry and the Registry put up a note to the learned judge stating that "notice to respondent returned, unserved, vacated". It is relevant to mention here that in the application for service of process, the respondent has given the address of the applicant as under : "Donghee Vision Industrial Co. Ltd., 722/T, Chesney Town House, Commander-in-Chief Road, Egmore, Chennai-600 008." 4. In pursuance of the order of this court permitting the private notice, the respondent-company has sent a registered notice to the said address and the postal endorsement shows that the letter was redirected to 4L/4K, Pioneer Arcade, 22-A, Cathed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that no proper notice was served on the applicant before the winding up order was passed. The applicant has also filed a reply affidavit." 7. The respondent-company has filed a detailed counter affidavit stating that no advertisement of change of address of the applicant-company was given and the letter of the applicant did not even state where the registered office of the applicant-company is situate. It is the case of the respondent that the applicant-company continued to function at Commander-in-Chief Road, Chennai-8 and the application is devoid of merit. However, it is not necessary to notice the other averments made in the counter affidavit. 8. The principal submission of Mrs. Nalini Chidambaram, the learned senior counsel appearing for the applicant is that the notice issued under section 434 of the Companies Act is not a valid notice at all as the notice was issued to No. 722/T, Chesney Town House, Commander-in-Chief Road, Egmore, Chennai-600 008 which is not its registered office. The learned senior counsel referred to section 434 of the Companies Act and submitted that notice should be served on the company by causing it to be delivered at its registered office b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces received by the respondent-company and submitted that there is no mention about the situation of the registered office of the applicant-company. The learned senior counsel, therefore, submitted that the applicant has purposely fabricated certain documents and letters to contest the winding up proceedings and since the applicant has come forward with a false case, the application should be dismissed. The learned senior counsel therefore submitted that the applicant has not produced any letter issued after November, 1999, showing the situation of its registered office at Sriperumbudur and the respondent has sent the statutory notice to the Commander-in-Chief Road address and also to the office at Sriperumbudur. The learned senior counsel also referred to the statutory notice sent on 20-12-1999. The learned senior counsel therefore submitted that even assuming that the provisions of section 434(1)( a ) were not complied with, the provisions of section 433( e ) would apply and hence, the order of winding up need not be set aside. The learned senior counsel submitted that the advertisement regarding the applicant-company was given in the newspapers and in spite of the efforts taken ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he notice of the petition in the prescribed form together with a copy of the petition for service on the company and an envelope addressed to the company at its registered office or its principal place of business and sufficiently stamped for being sent by registered post for acknowledgement and the Registrar, on admission, is also required to send notice together with a copy of the petition to the company by registered post. Under sub-rule (2) of rule 28 of the Rules, every petition shall be served on the company at its registered office and if there is no registered office, it should be served at its principal place of business or the last known principal place of business by leaving a copy thereof with an officer or employee of the company. 12. It is essential under the said rule that after the admission of the company petition, the petition should be served on the company at its registered office and only if there is no registered office, the petition can be served at the principal place of business or the last known principal place of business by leaving a copy thereof with an officer or employee of the company and if no such person is available, it is open to the Judge to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ge in the situation of the registered office of the applicant-company to the Registrar of Companies, and it is clear from Form No. 18 that the registered office of the applicant-company is situate at No. B-9 and 10, SIPCOT Industrial Park, Irungattukottai, Sriperumbudur, Tamil Nadu. Probably, that is the reason for the respondent-company to send the notice dated 20-12-1999, to the applicant-company at SIPCOT address which was refused and returned to the sender. 15. Insofar as the service of private notice of the company petition is concerned, the notice was sent to the address given in the company petition wherein the registered office of the applicant-company is shown as 722/T, Chesney Town House, Commander-in-Chief Road, Egmore, Chennai-8, and the notice was redirected to Pioneer Arcade, 22-A, Cathedral Road, Madras-86 and then it was returned to the respondent- company with the postal endorsement, left . In so far as the court notice is concerned, a notice was sent before the admission of the company petition to the Commander-in-Chief Road address. This court, on the basis of the note put up by the Registry, ordered service by way of advertisement in a local daily and the o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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