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2018 (1) TMI 503 - HC - Companies LawNotice of winding up u/s 433/434 of Companies Act, 1956 as duly served upon the Respondent or not - Held that:- In the present case, apart from the fact that the notice was sent by the appellant at several addresses of the respondent, an effort was also made to send the said notice even at the new registered office address. Thus, it is obvious that the appellant left no stone unturned in sending the notices by various modes to the registered office of the respondent. Moreover, under Section 51 of the Act a document could be served on a company by sending it to the company at the registered office The observations of the Supreme Court in Parameswaran Unni (2017 (3) TMI 1340 - SUPREME COURT OF INDIA) are apt in the present case. Several attempts were made by the appellant to serve the winding up notices on the respondent and the mere fact that it was not specifically mentioned in the company petition that the winding up notice sent by speed post was not returned unserved, would not be a ground to dismiss the company petition. In view of the above discussion, the winding up notice dated 1st October, 2012 and 11th December, 2012 are held to be in compliance with the requirement under Section 434 read with Section 51 of the Act as also under Section 27 of the General Clauses Act, 1897. The company petition is restored to its original position. The petition shall be listed before the Company Judge for further proceedings. The respondent shall maintain status quo of all its assets and properties, subject to further orders that may be passed in the company petition.
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