Service of summons, notice etc

Service of summons, notice etc

(1) Notwithstanding anything contained in the prevailing law, if any notice, summons, letters rogatory etc. required to be served on a company, director, shareholder, debenture-holder or employee in regard to the transactions of, or any matter related with, the company, is delivered at the registered office of the company or sent by registered post or sent through the tale-fax, email, telex or similar other electronic device installed in such office, such notice, summons or letter oratory shall be deemed to have been duly served. If any notice, summons, letters rogatory etc. cannot be so served, the concerned company, director or employee may be informed thereof by broadcasting or publishing a notice pertaining thereto by radio, television or in any newspaper circulating at the national level. In such a case, he/ she shall be deemed to have been informed thereof.

(2) Notwithstanding anything contained in the prevailing law, if any notice, summons, letter rogatory etc. is required to be served by a company or by any competent authority or court on any director, shareholder, debenture-holder or employee or the company in any matter related with his/ her duties of office, it may be sent to the telex, email, tele fax address, if any, given by such director, shareholder or employee and where such address has not been given, it may be sent by registered post to the address supplied by him for correspondences by post and where such summons, notice, letters rogatory etc. is so sent, the same shall be deemed to have been duly served.

(3) Notwithstanding anything contained elsewhere in this Act, in providing a notice or information required to be sent by accompany to its shareholder debenture-holder or director under this Act or receiving any information from them, such notice or information may be sent to an electronic communication address supplied by them, by using electronic communication device as provided in the articles of association of the company or if they so agree.

          Provided, however, that such notice or information shall be sent by post or through other reliable means to the shareholder, debenture-holder or director who does not consent to the service of such notice or information on him by the electronic communication device.