J.B. Pardiwala, J.—A neat question of law falls for our consideration in the present appeal, which is as under:—

“Whether the Registrar appointed under the Gujarat Cooperative Societies Act, 1961, while adjudicating the application under Section 112 of the Gujarat Cooperative Societies Act, 1961 for leave to continue legal proceedings of civil suit, is justified in refusing to grant leave to continue the suit or other legal proceedings after winding up order of the society is passed on the premise that before institution of the suit the plaintiff has failed to issue notice under Section 167 of the Gujarat Co-operative Societies Act, 1961?”

2. The above referred question of law arises in the backdrop of the following factual background.

3. The appellant before us is a cooperative society (now in liquidation) registered under the provisions of the Gujarat Co-operative Societies Act, 1961 (hereinafter referred to as “the Societies Act”). The original petitioner entered into agreement of lease dated 1.10.1998 with the appellant-society for conversion contract for a period of five years. The agreement was signed on behalf of the Chairman of the appellant Society and Director of the