NAIR SERVICE SOCIETY Vs. M K GOPALAKRISHNAN NAIR

JUDGEMENT

(1.) We have heard both Mr. Soli J. Sorabjee, learned Senior Counsel for the appellant and Mr. R. F. Nariman, learned Senior Counsel for the respondents. The appellant is a non-trading company registered under the Travancore Companies Regulations Act, 1092 ME. The affairs of the company are administered in accordance with the provision contained in its memorandum of association and articles of association. There are also various bye-laws which govern the appellant society.

(2.) There are locality-based Nair community associations known as Karayogam throughout the State of Kerala which is a congregation of members of the Nair community of that area. A Karayogam on application gets affiliated to the Nair Service Society. Once such affiliation is effected then the society exercises supervisory control over the Karayogam. As per the bye-laws the administration of the Karayogam and its assets can be taken over by the Registrar for the proper maintenance.

(3.) It is also further provided in the said bye-laws that in order to remove the said deadlock the Registrar may take over the administration for a limited period.