Section 20: Service of documents

Companies Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2013
Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 20

Section 20 prescribes the legal modes for the service of documents on a company, its officers, the Registrar, and members, validating electronic transmission alongside traditional registered post.

  • Permitted Modes of Service on Company: Documents may be served on a company or an officer at its registered office by registered post, speed post, courier service, personal delivery, or approved electronic mode.
  • Service of Documents on Members: A company may serve documents upon members by post, courier, email, or other electronic modes prescribed in the Companies (Management and Administration) Rules, 2014.
  • Member's Right to Specific Mode: A member may request delivery through a particular mode by paying advance costs, provided the request is feasible and made in writing.
Key Landmark Precedents:
  • M.G. Capital Services Ltd. v. Registrar of Companies, 2010 SCC OnLine Del 2341: Held that service of notices by the RoC or creditors at the registered office via registered post raises a statutory presumption of valid service under Section 27 of the General Clauses Act.
  • D.M. Deshpande v. Registrar of Companies, (2001) 103 Comp Cas 575 (Bom): Affirmed that dispatch of statutory notices to the registered address in company records discharges the company's duty, and the member cannot plead non-receipt if change of address was un-notified.
Courtroom Practice & Strategic Litigation Guidance:

In statutory demand notices under Section 8 IBC or Section 138 NI Act served on companies, always serve the demand at the official registered office obtained from the MCA master data portal via speed post with A/D, establishing conclusive proof of service under Section 20.