Universal Marketing Services (Pvt) Ltd. and Another vs Indian Overseas Bank – sllr 2007 volume 1 page 007

The case between Indian Overseas Bank and Universal Marketing Services (Pvt) Ltd., with its Managing Director, concerned whether service of summons on a company is valid when effected solely upon the Managing Director and not the Secretary. It was held that failure to serve the proper person under company law standards—including the Secretary—deprives the court of jurisdiction and invalidates any ex parte judgment based on such defective service. The key legal principle reaffirmed was that strict compliance with procedural requirements for service is necessary before jurisdiction can be exercised over a company. The decision relied on principles of company law, the Carr-Briant Rule, and established that procedural deficiencies in service of summons void subsequent judgments, resulting in t