9911796707
TMI Blog1986 (8) TMI 384X X X X Extracts X X X X X X X X Extracts X X X X ..... Appearing Parties. JUDGMENT A preliminary objection has been taken by learned counsel for the 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 respondent society is not an association within the meaning of section 582(b) of the Act Section 582 of the Act comes under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s maintained that this society is not a charitable society but it was incorporated with the object of carrying on trade, business and manufacturing activities through the saw mills acquired by it. It is also registered as a medium and small-scale industry with the Department of Industries. The fact that the petitioner's society is registered under the Societies Registration Act is not disputed, bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation or articles of association, the effect of failure to register such alterations, provisions with respect to names of companies, for change of registered office of companies, general provisions with respect to memorandum and articles, membership of companies, for reduction of number of members below legal minimum, provision for contracts and deeds, investments, seal, etc. Therefore, the provis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rships or associations consisting of more than 20 members from carrying on any business in matters more particularly mentioned in section 11(2) of the Act. Thus construed, there could be no bar to maintain this petition for winding-up against an association like the respondents-association duly registered under the Societies Registration Act, as an unregistered company. Accordingly, the preliminar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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