Mathura Bhuvan Co-Operative ... vs Official Liquidator And Anr.
2003 Latest Caselaw 772 Bom

Citation : 2003 Latest Caselaw 772 Bom
Judgement Date : 9 July, 2003

Bombay High Court

Mathura Bhuvan Co-Operative ... vs Official Liquidator And Anr. on 9 July, 2003

Equivalent citations: 2003 (5) BomCR 481, 2004 (1) MhLj 733

Author: D Karnik

Bench: D Karnik

JUDGMENT

D.G. Karnik, J.

1. 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 cooperative 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 unincorporated association cannot sue in its proposed name or through its promoters/chief promoter without obtaining leave under Order 1, Rule 8 of Code of Civil Procedure.

Hence, application is dismissed.