IBC maintainability against societies registered under the 1860 Act fails because they are not corporate persons.

An application under the Insolvency and Bankruptcy Code, 2016 was not maintainable against a society registered under the Societies Registration Act, 1860, because such a society was not treated as a body corporate or corporate person for IBC purposes. The analysis noted that body corporate status is conferred under Section 18 of the Andhra Pradesh Societies Registration Act, 2001 only for societies registered under that enactment, and that this benefit did not extend to societies registered under the 1860 Act. On that basis, a Section 7 application could not proceed and was liable to be dismissed.

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Issues: Whether an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 was maintainable against a society registered under the Societies Registration Act, 1860.

Analysis: The Respondent was found to be a society registered under the Societies Registration Act, 1860. The benefit of being treated as a body corporate was noted to arise under Section 18 of the Andhra Pradesh Societies Registration Act, 2001 for societies registered under that enactment. Since that status was not extended to societies registered under the 1860 Act, the Respondent did not fall within the category of a body corporate or corporate person for the purpose of the Insolvency and Bankruptcy Code, 2016.

Conclusion: The application under Section 7 of the Insolvency and Bankruptcy Code, 2016 was not maintainable and was liable to be dismissed.

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