Isha Distribution House Pvt. Ltd vs Aditya Birla Faashion & Retail Ltd on 29 July, 2016
In Luxmi Industrial Gases Private Limited Vs. Punjab Chemi
Plant International Ltd. reported in (2001) 103 Company Cases 429,
a Single Bench found on facts that the notice, though not addressed
to the Company in that case, had been addressed to its Managing
7
Director. The Single Bench held that it might be true that notice
ought to be addressed to the respondent Company and not to the
Managing Director but that would matter if the receipt of the notice
on the respondent Company was not proved or not admitted. First of
all, in the aforesaid case the notice was served on the registered
office. In this case notice has been served in Patna. No notice has
been served at the registered office which is in Kolkata. Even
otherwise we are unable to agree with the view that notice addressed
to the Managing Director would amount to substantial compliance of
Section 434(1)(a). The statute clearly contemplates service on the
Company and at its registered office for attraction of the deeming
provision of the Company being unable to pay its debts.