Due service of winding up notice upheld where notices were properly addressed and dispatched to the registered office.

Winding up notices sent to the company's registered office, updated registered office, and other known addresses by registered post, courier, and speed post were held to satisfy statutory service requirements. Proper dispatch, supporting tracking material, returned envelopes, and repeated service attempts attracted the presumption of delivery under the General Clauses Act and the Evidence Act, and avoidance of service did not defeat compliance. The order dismissing the company petition was set aside, the petition was restored, and the matter was remitted for consideration on the merits of winding up.

---

---

Issues: Whether the winding up notices issued under Sections 433 and 434 of the Companies Act, 1956 were duly served on the company so as to satisfy the statutory requirement for maintaining the winding up petition.

Analysis: The notices were sent to the registered office as reflected in the company records and also to other known addresses and directors by courier and speed post. The record showed dispatch receipts, tracking material and returned envelopes, including a notice sent to the updated registered office address obtained from the MCA website. The requirement under Section 434 is satisfied when the creditor causes the demand to be delivered at the registered office by registered post or otherwise. Section 51 of the Companies Act, 1956 also recognises service at the registered office by post or registered post. The Court applied the principle of deemed service and the presumption arising from correct dispatch by registered post under Section 27 of the General Clauses Act, 1897 and Section 114 of the Evidence Act, 1872. The fact that the company may have been avoiding service did not defeat compliance where repeated attempts were made and the notices were properly addressed and sent.

Conclusion: The winding up notices were held to be duly served and in compliance with the statutory requirements. The dismissal of the company petition was set aside and the petition was restored for further proceedings.

Final Conclusion: The appeal succeeded, the company petition was restored, and the matter was remitted to the Single Judge for consideration on merits of winding up.

Ratio Decidendi: For a company notice to satisfy the winding up requirements, dispatch by registered post or otherwise to the registered office, when properly addressed and supported by evidence of service attempts, may constitute due service and attract the presumption of delivery.

---