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may 1980

Supreme Court of India · 1980-05-07

SHALIMAR ROPE WORKS LTD. vs ABDUL HUSSAIN H. M. HASAN BHAI RASSIWALA AND ORS.

Citation / case number
SC 1979/62628
Court
Supreme Court of India
Petitioner
SHALIMAR ROPE WORKS LTD.
Respondent
ABDUL HUSSAIN H. M. HASAN BHAI RASSIWALA AND ORS.
Author
N.L. UNTWALIA
Bench
N.L. UNTWALIA

Judgment text excerpt

The Supreme Court held that service of summons on a corporation must comply with the provisions of Order 29 Rule 2 and Order 5 Rule 17 of the Code of Civil Procedure. The Court clarified that service on managing agents is valid, but simply leaving summons at the registered office without ensuring it reaches a principal officer is insufficient. The Court allowed the appeal, setting aside the ex-parte decree, as the summons was not properly served according to the legal requirements.

SHALIMAR ROPE WORKS LTD. vs ABDUL HUSSAIN H. M. HASAN BHAI RASSIWALA AND ORS. · Niyam