Deemed service of notice by post satisfied clear notice requirements for an amalgamation meeting.

Notice convening the shareholders' meeting for consideration of an amalgamation scheme was upheld as valid because service by post was deemed effected 48 hours after despatch under section 53 of the Companies Act, 1956. The notice sent on 28-9-1998 was therefore treated as served on 1-10-1998, which satisfied the requirement of 21 days' clear notice under rule 73 of the Companies (Court) Rules, 1953. No other ground for postponement was pursued for decision, and the meeting was not liable to be postponed.

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Issues: Whether the notice convening the shareholders' meeting for consideration of the scheme of amalgamation was invalid for want of 21 days' clear notice and whether the meeting was liable to be postponed.

Analysis: The notice was despatched by post on 28-9-1998 with the statutory statement under section 393 of the Companies Act, 1956, and the Court applied section 53 of the Companies Act, 1956 to hold that service by post was deemed effected 48 hours after posting. On that basis, the notice was treated as served on 1-10-1998, which satisfied the requirement of 21 days' clear notice under rule 73 of the Companies (Court) Rules, 1953. No other ground for postponement was pressed for decision.

Conclusion: The notice was valid and the meeting was not liable to be postponed.

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