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april 2016

Supreme Court of India · 2016-04-26

M.K.INDRAJEET SINHJI COTTON P.LTD. vs NARMADA COTTO COOP.SPG.MILLS LD..

Citation / case number
SC 2011/19500
Court
Supreme Court of India
Petitioner
M.K.INDRAJEET SINHJI COTTON P.LTD.
Respondent
NARMADA COTTO COOP.SPG.MILLS LD..
Author
S A BOBDE
Bench
AMITAVA ROY S.A. BOBDE

Judgment text excerpt

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

M.K.INDRAJEET SINHJI COTTON P.LTD. vs NARMADA COTTO COOP.SPG.MILLS LD.. · Niyam