Good service by unclaimed notice at registered office supports winding-up admission where undisputed debt and dishonoured cheques show insolvency.

A notice and company petition sent to the company's registered office, as recorded with the ROC, and returned unclaimed were treated as complete and good service. On the debt issue, the petitioning creditor's claim was substantial and undisputed, and the respondent had issued cheques towards the liability that were dishonoured for insufficient funds. On those facts, the company was regarded as unable to pay its debts, and the winding-up petition was admitted to proceed further, subject to returnable hearing and advertisement compliance.

---

---

Issues: (i) Whether service of the statutory notice and company petition on the registered office, when returned unclaimed, was complete and good service. (ii) Whether the respondent company was unable to pay its debts so as to warrant admission of the winding-up petition.

Issue (i): Whether service of the statutory notice and company petition on the registered office, when returned unclaimed, was complete and good service.

Analysis: The registered office shown in the ROC records remained the same address at which service was attempted. On that basis, and following the settled principle that a notice sent to the correct registered office and returned unclaimed amounts to effective service, the service of both the statutory notice and the petition was treated as complete and sufficient.

Conclusion: Service of the statutory notice and company petition was held to be complete and good.

Issue (ii): Whether the respondent company was unable to pay its debts so as to warrant admission of the winding-up petition.

Analysis: The debt claimed by the petitioner was found to be substantial and undisputed. The respondent had also issued cheques towards the liability, and those cheques were dishonoured for insufficiency of funds. In these circumstances, the company was regarded as unable to discharge its admitted liability, justifying admission of the winding-up petition.

Conclusion: The petition was admitted on the ground that the respondent company was unable to pay its debts.

Final Conclusion: The winding-up petition was admitted and directed to proceed further, while the matter remained pending for returnable hearing and advertisement compliance.

Ratio Decidendi: A notice or petition sent to the company's registered office and returned unclaimed constitutes good service, and an undisputed debt supported by dishonoured cheques may justify admission of a winding-up petition for inability to pay debts.

---