1986 (8) TMI 384

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....hminarayana Rao and G.S. Rao for the 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 ....

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....ed companies. Learned counsel for the petitioners 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....

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....tters, namely, alteration of the memorandum of association 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....

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....ontained in section 11 of the Act, prohibiting partnerships 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....