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1998 Supreme(SC) 595

A.S.ANAND, S.RAJENDRA BABU
Electrical Cable Development Association – Appellant
Versus
Arun Commercial Premises Co-operative Housing Society LTD. – Respondent


Judgment

Rajendra Babu, J.-This appeal is preferred by a Company incorporated under the Companies Act. The claim of the appellant is that an associ­ation which was an unregistered body known as “Indian Cables Maker’s Association” was inducted in the year 1969 as a tenant in the premises Room No. 503, 5th Floor, Arun Chambers, Tardeo, Bombay by respondent No. 2 under an agreement termed as `leave and licence’ dated 23rd September, 1969 at a rental of Rs. 1500/- p.m. out of which Rs. 1000/- was towards the premises and rent of Rs. 500/- p.m. was payable to­wards furniture and fixtures; that the name of the appellant was changed from Indian Cable Maker’s Association into M/s. Electrical Cable Development Association also another un-registered body in the month of August 1972 and with the said association also a similar `leave and licence’ agreement was executed by the respondent No. 2 on a rental of Rs. 1750/- p.m. out of which rent of Rs. 1,000/- was towards the premises and Rs. 750/- towards fixtures and furniture; that in the year 1976 the unregistered body decided to convert itself into a company in order to carry on its affairs more effectively and so registered as such under the













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