M.K.Indrajeet Sinhji Cotton P.Ltd vs Narmada Cotto Coop.Spg.Mills Ld.& Ors

The Supreme Court held that under Section 112 of the Gujarat Co-operative Societies Act, 1961, a suit against a society cannot proceed without the Registrar's leave, particularly after a winding-up order. The Court clarified that the Registrar's refusal to grant leave based on the absence of notice under Section 167 is valid, as such notice is a prerequisite for instituting a suit against a society. Consequently, the appeal was dismissed, affirming the Registrar's decision that the suit was untenable due to lack of notice.