Sanjaycase (service) 14 April 2014

Please comment if notice issued

Check issued by company A (singed by director x) bounced. Notice sent on Company address as per MOU. There was no communication from company about shifting or change of address or closure. Notice returned as Left. The company office staus not known there was 420 case against directors x,y,z logged earlier. Case submitted with Company A along with x,y,z as accused.

I wanted to check if I was suppose to find out personal addresses of the directors and then send them a notice or what I have done is acceptable. My view was, it is the obligation of the company to communicate if there is any change in address and they can not close the office unless transactions are closed. Also as company gave the check if I sent a notice to company address it will suffix the NI need.

Please comment.

Reply Follow

2 Replies

Anand Bali Adv. (Advocate Solicitor & Consultant) 14 April 2014

Dear Friend,

There is no fixed obligation for the company to inform its shifted office to every body it is enough if it get published on it's notice board for viewing and duly informing the registrar of the company about the same.

You are advised to get in touch of the Company registrar office and find the current location of the Company address along with it's Managing Directors and Executive Directors residence address and try to send the notice to the new addresses of the company and as well as to the residences of the MD and ED.for the recovery of the due amount and for the specific performance

Advised, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.

Click "LIKE" in appreciation of the above answer.

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)

Supreme Court Of india
Delhi High Court & Other
District, Tribunal & Consumer Courts.
Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.

Phone: 9582144748

adv.raghavan (Advocate,9444674980) 14 April 2014

You are dealing with cheats, you cannot expect more from them. It is your duty to find out the correct address of the company and try to serve the notice. the same will be hold good , if your are planning to move civil suit against the company. Your last question , whether bouncing of cheque itself will attract NI, to some extent it is right, but the real case starts only when the notice is served. Till such time it remains vague.