Section 65: Service Of Summons On Corporate Bodies, Firms And Societies
Code:
(1) Service of a summons on a company or corporation may be effected by serving it on the Director, Manager, Secretary or other officer of the company or corporation, or by letter sent by registered post addressed to the Director, Manager, Secretary or other officer of the company or corporation in India, in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post.
Explanation.—In this section, “company” means a body corporate and “corporation” means an incorporated company or other body corporate registered under the Companies Act, 2013 or a society registered under the Societies Registration Act, 1860.
(2) Service of a summons on a firm or other association of individuals may be effected by serving it on any partner of such firm or association, or by letter sent by registered post addressed to such partner, in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post.
Explanation: Service Of Summons On Corporate Bodies, Firms And Societies
This section outlines the methods for serving a summons on companies, corporations, firms, or other associations of individuals. It specifies that serving a summons on these entities can be done by serving it on a designated representative (like a director, manager, or secretary) or by sending a registered letter addressed to that representative.
Subsection (1) – Companies and Corporations:
- Service can be effected by delivering the summons to a director, manager, secretary, or other officer of the company or corporation.
- Alternatively, the summons can be sent by registered post addressed to the same representative.
- In the case of registered post, service is deemed to be effected when the letter would arrive in the ordinary course of post.
Explanation: This subsection defines “company” as a body corporate and “corporation” as an incorporated company or other body corporate registered under the Companies Act, 2013 or a society registered under the Societies Registration Act, 1860.
Subsection (2) – Firms and Associations:
- Service can be effected by delivering the summons to any partner of the firm or association.
- Alternatively, the summons can be sent by registered post addressed to any partner of the firm or association.
- In the case of registered post, service is deemed to be effected when the letter would arrive in the ordinary course of post.
Illustrations:
- Scenario 1: ABC Limited is a company registered under the Companies Act, 2013. A summons needs to be served on them. It can be served by handing it to the company secretary. Additionally, it can be sent to via a registered letter addressed to the company secretary.
- Scenario 2: XYZ & Co. is a partnership firm. A summons needs to be served on them. It can be served by handing it to one of the partners. This can also be sent via a registered letter addressed to one of the partners.
Common Questions and Answers: Service Of Summons On Corporate Bodies, Firms And Societies
Q: What if the designated representative is unavailable?
A: In this case, the summons can be served on any other officer or employee of the company. It can aslo be by a corporation, or any member of the firm or association.
Q: What if the company or corporation does not have a registered office in India?
A: In this case, the summons can be served by sending a registered letter. It can be addressed to the company or corporation at their principal place of business.
Q: What if the summons is served on a person who is not authorized to receive it?
A: In this case, the service will not be valid.
