https://www.taxtmi.com/caselaws?id=101882 A winding-up petition based on the deeming fiction of inability to pay debts could not be sustained unless the statutory demand notice under section 434 was delivered at the company's registered office. The provision allowed flexibility in the mode of service, but not in the place of delivery. Rule 33 of the Companies (Court) Rules, 1959 could cure defects in service under the Rules, but it could not override the mandatory statutory requirement. Because the petition relied only on the deeming fiction and did not plead sufficient particulars of actual inability to pay, the absence of valid service at the registered office was fatal. en-us Fri, 13 Jan 1989 00:00:00 +0530 Sat, 11 Feb 2012 14:00:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=101882 A winding-up petition based on the deeming fiction of inability to pay debts could not be sustained unless the statutory demand notice under section 434 was delivered at the company's registered office. The provision allowed flexibility in the mode of service, but not in the place of delivery. Rule 33 of the Companies (Court) Rules, 1959 could cure defects in service under the Rules, but it could not override the mandatory statutory requirement. Because the petition relied only on the deeming fiction and did not plead sufficient particulars of actual inability to pay, the absence of valid service at the registered office was fatal. Case-Laws Companies Law Fri, 13 Jan 1989 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=101882