J.M Malik, Member—The key question which falls for consideration is “Whether Section 112 of Gujarat Co-operative Societies Act, 1961, which runs as follows:-

“112. Save as expressly provided in this Act, no Civil Court shall take cognizance of any matter connected with the winding up or dissolution of a society under this Act; and when a winding up order has been made, no suit or other legal proceedings shall lie or be proceeded with against the society or the liquidator, except by leave of the Registrar, and subject to such terms as he may impose:

Provided that, where the winding up order is cancelled, the provisions of this section shall cease to operate so far as the liability of the society and of the members thereof to be sued is concerned, but they shall continue to apply to the person who acted as liquidator”.

The absence of ‘leave’ of the Registrar strikes a snap in proceeding further?”. We are of the considered view that in view of this provision of law, here lies a rub in proceeding further, in these two above said cases. This is the Law of Land and we must respect it, though this is for the benefit of few Directors and detrimental to the public at large. These