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.