Notice of EGM

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gaurav (Querist)
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27 November 2017 a Company has sent notice by hand to shareholder but he refused to recieve it, shall it be deemed to be valid service of notice. Can company go on to do egm at fix time.

CS Dinesh kumar Gola

CS Dinesh kumar Gola (Expert)
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14 December 2017 Accidental omission to give notice to a member, or his failure to receive it, shall not invalidate the proceedings at the meeting ( company should have proof thereof as such) but not a deliberate omissions to send out the notice to members.

gaurav

gaurav (Querist)
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15 December 2017 Sir Kindly share some case law or Provision Thanks

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CS Dinesh kumar Gola

CS Dinesh kumar Gola (Expert)
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15 December 2017 Sure, pls refer section 101(4) of Companies Act, 2013 and corresponding section 172(3) of Companies Act, 1956 And case laws pls see (old case) - Maharaja Exports V. Apparels Export Promotion Council, (1986) 60 Com Cases 353 (Del).
And the recent one, [In Re: Maknam Investments Ltd.,[1996] 87 Com Cases 689 (Cal.)]

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