M.K. Indrajeet Sinhji Cotto P. Ltd. vs Narmada Cotton Coop. Spg. Mills Ltd. - Supreme Court

 M.K. Indrajeet Sinhji Cotto P. Ltd. vs Narmada Cotton Coop. Spg. Mills Ltd. - Supreme Court Important Judgment 2016 - 

On 26th April, 2016, in the case of M.K. Indrajeet Sinhji Cotto P. Ltd. vs Narmada Cotton Coop. Spg. Mills Ltd.& Ors. [Civil Appeal No.766 of 2016], the question which arose for consideration was whether the Registrar of Co-operative Societies who is empowered by Section 112 of the Gujarat Co-operative Societies Act to decide the limited question whether leave should be granted or refused to institute or to continue a suit against a society in liquidation is competent to take into account whether a suit is tenable for want of notice under Section 167 of the Gujarat Co-operative Societies Act and on that basis refuse permission to institute or continue a suit, if he finds it untenable. It was held that “a question whether a suit is tenable under Section 167 of the Co-operative Societies Act for want of notice under the said provision is a question within the exclusive competence of a Civil Court, as indeed all questions of tenability are. Thus, the Registrar cannot look into the question whether the suit is tenable for want of notice and decide the question directly or impliedly and thereby decide whether leave to institute or continue a suit could be granted or withheld.”