Second Notice U/s.434 of the Companies Act.
Vikram Chandra
(Querist) 12 October 2009
This query is : Resolved
Can Any one inform me the legal position with regard to the issuance of second notice U/s.434 of the Companies Act ? As the first notice acknowledgment is not yet received from the postal department and to trace out the details from the postal department the earlier counsel who sent the 434 notice does not have any details and misplaced the postal receipts, thus excepting the office copy of the legal notice sent to the company under winding up, there is no evidence to show before the court that the creditor has sent the 434 notice substantially. What is the remedy can a second notice be sent now?
regards.
joyce
(Expert) 12 October 2009
Secound notice can be issued. but in first notice issued, date will be specified in the notice itself, so refere copy and check it. in postal department meet headpost-master who keeps some registrars, on that date place of post, date of post, n adressee name u specify then collect the information and get the letter from the postal department as to such enquiry. its tough but try.
Vikram Chandra
(Querist) 12 October 2009
So, there is no bar in Companies Act to issue Second Notice U/s.434 and it does not vitiate the company winding up proceedings?
Raj Kumar Makkad
(Expert) 12 October 2009
I agree with Vikram but let the opinion of Vishal come because he is special expert in such matters.
