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1986 Supreme(Kar) 285

P.P.BOPANNA
BANGALORE TIMBER INDUSTRIES – Appellant
Versus
MADRAS SAPPER EX-SERVICEMENS REHABILITATION ASSOCIATION – Respondent


BOPANNA, J.

( 1 ) A preliminary objection has been taken by the learned counsel for respondents namely that the winding up petition is not maintainable under the provisions of Section 583 of the Companies Act, 1956 (in short the 'act') on the ground that the respondents- society is not an association within the meaning of Section 582 (b) of the Act.

( 2 ) SECTION 582 of the Act comes under part 10 of the Act which provides for winding up of the unregistered Companies. The relevant provisions of Section 582 read as under:-"582. For the purposes of this Part, the expression "unregistered company" - a) shall not include - b) save as aforesaid, shall include any partnership, association or company consisting of more than seven members at the tune when the petition for winding up the partnership, association or company, as the case may be, is presented before the court. "the case of the petitioners that it is an association registered under the Societies registration Act and consists of more than 20 members. Thus it has claimed the reliefs under the provisions of part X of the Act, which deals with the winding up of the unregistered Companies. Marked for reporting on 30-10-1987.

( 3 ) L





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