Breaking Supreme Court of India Advocates Balanced Approach to Diwali Firecracker Regulations
New Delhi · Sunday, 08 November 2026
Free Law - free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2016-04-26 allowed

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

Bench: 2 — S.A. Bobde

In Brief

A private company leased a cotton mill from a co-operative society and later sued for recovery of money. The society was subsequently wound up. The company had to seek the Registrar's permission to continue the suit under the Co-operative Societies Act. The Registrar refused permission, holding the suit was not tenable for lack of statutory notice. The Supreme Court held that determining whether a suit is tenable is a judicial function exclusively within the Civil Court's domain. The Registrar's power is limited to administrative considerations like protecting the society's assets during liquidation. The Registrar cannot refuse leave based on the suit's legal tenability or merits. The Court allowed the appeal and directed the Registrar to reconsider the application afresh without examining the suit's tenability.

The lawyer headnote and full judgment text are available to registered users.

Co-operative Law Winding Up Civil Procedure Jurisdiction Administrative Law

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login