Supreme Court · 2016 INSC 341 · Decided 26 April 2016
M. K. Indrajeet Sinhji Cotton P.LTD. v. Narmada Cotton COOP. SPG. Mills LTD. & ORS.
- Court
- Supreme Court of India
- Citation
- 2016 INSC 341 · [2016] 2 S.C.R. 357
- Case number
- CIVIL APPEAL No. 766/2016
- Decided
- 26 April 2016
- Bench
- S.A. BOBDE, AMITAVA ROY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Gujarat Co-operative Societies Act, 1961 - ss.112 and 167 - Whether the Registrar, Cooperative Societies, in exercise of its power uls 112, can decide the tenability of a suit filed before civil court on the ground of non-issuance of notice uls 167 - Held: Decision as to tenability of in nature -Such decision is purely within the jurisdiction and competence of the civil court and outside the scope of Registrars power - In the present case, order of Registrar deciding about the tenability ·of the suit is without jurisdiction. Allowing the appeal, the Court HELD: 1.
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