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TMI Blog1998 (5) TMI 341X X X X Extracts X X X X X X X X Extracts X X X X ..... e society or respondent No. 2 who is a member thereof. It baffles us and thus the view taken by the High Court appears to us to be correct. - CIVIL APPEAL NO. 4260 OF 1992 - - - Dated:- 6-5-1998 - DR. A.S. ANAND AND S. RAJEDNRA BABU, JJ. Mukul Rohtagi, Ms. Bina Gupta and Ms. Rakhi Ray for the Appellant. Anil B. Diwan, Javed M. Rao, Girish Chandra, Bhimrao Naik, V.N. Ganpule, Manish Garg and R. Sasiprabhu for the Respondent. ORDER Babu, J. -This appeal is preferred by a company incorporated under the Companies Act, 1956 ('the Act'). The claim of the appellants is that an association which was an unregistered body known as 'Indian Cables Maker's Association' was inducted in the year 1969 as a t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d upon respondent No. 1 to raise a dispute in terms of section 91 of the Maharashtra Co-operative Societies Act, 1960 for the purpose of evicting the appellant to enable respondent No. 2 to get the said premises and use personally through an arbitrator; that the arbitrator made an award on 23-3-1990 directing eviction of the appellant and that the second respondent be directed to use the suit premises personally, that the appellant filed an appeal against the said award before the Maharashtra State Co-operative Appellate Court which was further dismissed by an order made on 8-1-1991; that a writ petition was thereafter preferred under article 227 of the Constitution before the Bombay High Court, that by an order made on 2-4-1991 the High Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er; and (3) that the finding recorded by the Appellate Court pursuant to the directions issued by this Court on 20-8-1991 are not correct. 4. Section 91 provides for raising a dispute inter alia touching upon the business of a co-operative society. When a question was raised as to where a society builds houses for the members and such members let out the premises, whether it would be within the scope of business of the society, this Court in O.N. Bhatnagar v. RukiBai AIR 1982 SC 1097, answered the same. It was held that if the business of the society is to construct or buy houses and let them out to its members, such letting out would form part of its business. A society formed with the object of providing accommo- dation to its ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecord to show that the appellant is the successor to such association. We have also carefully gone through the memorandum of association and the articles of the appellant-company to find out whether in any form the unregistered body has converted itself into a registered body as a company. On the other hand, what is stated in clause 3( a ) in regard to membership is as follows: 3( a ) Every person who shall be a member of the unregistered association known as 'Electrical Cable Development Association' at the date of registration of this Association shall be entitled as of right to be admitted as a member of this Association on his submitting a formal application addressed to the Secretary of the Association agreeing to be bound ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nderstandable as to how it became a tenant in respect of the premises in question without an agreement with the society or respondent No. 2 who is a member thereof. It baffles us and thus the view taken by the High Court appears to us to be correct. Therefore, the second contention raised by the appellant either has no merit and is rejected. 7. So far as the third contention urged on behalf of the appellant is concerned in the view we have taken, we may at once state that it is not necessary to examine the evidence adduced before the Appellate Court and the appreciation of the same by it. Even without deciding the same if we assume the same for the purpose of appreciation of the matter that the findings recorded by the Appellate Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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