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2003 Supreme(Bom) 743
IN THE HIGH COURT OF BOMBAY
Karnik D.G., J.
Mathura Bhuvan Co-operative Housing Society Ltd. .... Applicant.
Versus
Official Liquidator another.... Respondents.
Company Application (L) No. 452 of 2003 in Company Petition No. 145 of 1983, decided on 9-7-2003.
Advocates appeared :
Ms. R. Iyer with Ms. J.M. Sidhwa i/b. S.V. Parkhe, for applicants.
Ms. K.V. Gautam, Dy. O.L. present.
N.G. Thakkar with P.R. Diwan, i/b. L.C. Mohanty, for respondent No. 2.
S.A. Tawate, for workers Union.
C.N. Mehta, for respondent No. 4.
Headnote:Code of Civil Procedure, 1908 - Order I, Rule 8 - not open to an unincorporated association of persons to sue in its proposed name or through its promoters/Chief promoter without obtaining leave of the court.
JUDGMENT - KARNIK D.G., J.:---This application has been taken out by the applicant who styles itself as "Mathura Bhuvan Co-operative Housing Society Ltd. (proposed)". Learned Counsel for the applicant states that the applicant is an unincorporated association of persons which is not yet registered as a Co-operative Society. It is not shown that the applicant is a person in the eye of law having a right to sue. Learned Counsel for the applicant has not shown me any authority in support of the proposition that an unincorporated association of persons who are stated to have come together to form a Co-operative Society can sue in the name of the proposed society before its formation/registration. In my opinion, an unicorporated association cannot sue in its proposed name or through the its promoters/chief promoter without obtaining leave under Order 1, Rule 8 of Code of Civil Procedure.
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Hence, application is dismissed.
Application dismissed.
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