This application arose from the plaintiffs' action against the defendants for recovery of vacant possession of premises No. 39, Chulia Street, Penang based on a tenancy agreement entered into between the plaintiffs and Syarikat Asian Enterprises as the tenant on December 29, 1975.

The Writ of Summons in this action was served by the plaintiffs on the defendants on August 24, 1983 by pre-paid registered post addressed to the defendants at No. 103, Bangunan Malayan Banking, First Floor, Jalan Union, Penang and at premises No. 39, Chulia Street, Penang which the plaintiffs had claimed to be the registered and business offices respectively of the defendants. The A.R. Registered retour cards were endorsed and acknowledged by the defendants on August 29, 1983.

The defendants had applied to strike out the plaintiffs' action on the ground that the Writ of Summons was never served on them at the registered office. They maintained that at all material times the registered address for service (being the registered office) of the defendants under the Companies Act 1965 was at No. 31, China Street Ghaut, Penang. (See the affidavit of Encik M.S.A. Zachariah affirmed on Septemb