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Companies (Court) Rules, 1959

32. Mode of service and service when deemed to be effected

(1) Save as otherwise provided by these Rules or by an order of Court, all notices, summonses, and other documents required to be served on any person, may be served either personally by delivering a copy thereof to such person, or upon his advocate where he appears by advocate or, except where personal service is required, by pre-paid registered post for acknowledgement due addressed to the last known address of such person. In the case of service by registered post where no acknowledgement signed by the addressee or his duly authorized agent is received, orders of Court shall be obtained as to the sufficiency of service or as to the further steps to be taken for service as the Court may direct:

Provided that where a notice, summons or other document has to be served on any class of persons such as shareholders, debenture holders, creditors and the like, the same may be sent by pre-paid registered post, or by ordinary post under certificate of posting, as may be provided by these Rules or by an order of Court, and unless otherwise ordered by the Court, the service shall be deemed to be effected at the time when the said notice, summons or other documents ought to be delivered in the ordinary course of post by the post office, and notwithstanding the same is returned undelivered by the post office.

(2) Where notice of any petition, application, summons or other proceeding has to be given to the Central Government under these rules, it shall be addressed to and served on the Secretary to Government of India, Department of Company Law Administration, New Delhi, or such other officer as the Central Government may authorize to receive notices on its behalf.

(3) Where any person has to be served at an address outside India, the notice or other process to be served on him shall, subject to orders of the Court, be sent to such address by pre-paid air-mail registered post for acknowledgment due.

Companies   (Court) Rules, 1959 Back

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