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...) initiated by the respondent for various acts of oppression and mismanagement as a minority shareholder.
3. Shri K.V. Viswanathan, learned Senior Advocate appearing on...before the NCLT initiated by the respondent with respect to the oppression and mismanagement as a minority shareholder is concerned, pendency of such proceedings cannot be a ground to not to refer the...instance of the respondent on the allegation of
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mismanagement and oppression which was filed by the respondent as minority ...
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2. In view of the fact that issues forming basis of alleged oppression and mismanagement arises from shareholder agreement, this bench, vide order dated 18.10.2021 in CA-61/2021...
1. Mr. Prateek Sakseria, Ld. Senior Counsel a/w Ms. Bhagyashree Lembhe i/b Naik and Naik Co., Ld. Counsel for the Respondent Nos. 2 to 6 present. None for the Petitioner..., referred the matter to the Arbitration u/s 8 of the Arbitration and Conciliation Act, 1996, and the order dated 18.10.2021 also dismissed CP.1417/2020. In view of these facts, the Respondent submits that...
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2. In view of the fact that issues forming basis of alleged oppression and mismanagement arises from shareholder agreement, this bench, vide order dated 18.10.2021 in CA-61/2021...
1. Mr. Prateek Sakseria, Ld. Senior Counsel a/w Ms. Bhagyashree Lembhe i/b Naik and Naik Co., Ld. Counsel for the Respondent Nos. 2 to 6 present. None for the Petitioner..., referred the matter to the Arbitration u/s 8 of the Arbitration and Conciliation Act, 1996, and the order dated 18.10.2021 also dismissed CP.1417/2020. In view of these facts, the Respondent submits that...
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...O.S.No.97 of 2025. He would further state that Section 241 of the Companies Act pertains to oppression and mismanagement and is available only to the shareholder, whereas the plaintiff in the present..., learned counsel for the petitioners/defendants and Mr.N.Ramakrishnan, learned counsel assisted by Mr.Advaidh Neelakandan for M/s.ARK Associates for the respondent/plaintiff.
3....Mr.P.Valliappan, learned Senior Counsel for the petitioners attacks the maintainability of the suit itself while seeking striking off the plaint under Article 227 of Constitution of India. He would first and...
...filed before the Company Law Board another Company Petition No. 15 of 1994 under Sections 397 and 398 of the Companies Act, 1956 on the ground of oppression of minority shareholders and mismanagement of...reliefs including the appointment of an interim administrator. The acts of mismanagement and oppression complained of are similar to those set out in the writ petition before the High Court. The only...for prevention of oppression and mismanagement. When such remedies are available, the High Court should not readily entertain a petition under Article 226.12. The learned...
...seeking redressal of his grievances arising out of the various acts of mismanagement in the affairs of respondent No. 1 company and oppression of the rights of the petitioner as a minority shareholder....petitioner under the memorandum of understanding of the share purchase agreement and amounts to oppression of his right to exit from respondent No. 1 as a shareholder.(e) Non...wrongful acts and conduct of respondents Nos. 2 and 3 constitute oppression of the petitioner in his capacity as a minority shareholder of the company.5. The petitioner has prayed the...
...Managing Director till 27.10.2012. The main company petition is filed seeking relief against the oppression and mismanagement in R1 company by deceased Mr. John Mathew, ex director and shareholder, along...it was held that the liability in an oppression and mismanagement proceeding can only be enforced against living director and not his legal heirs or legal representatives. It is stated that the..., relief Nos. (g) in the petition seeks to reverse certain allotment of shares made by the company to the deceased R2. It is true if the main petition is only for oppression and mismanagement, there is no...
..., 1956 regarding oppression and mismanagement in the company affecting the Petitioners were qua the shareholder Atul Maheshwari R-2 and were personal in nature and ceased to exist on the ...oppression and mismanagement against Snehlata Maheshwari or Tanmay Maheshwari the question of their substitution in the petition would not arise. Therefore CA No. 55/2011 has no merit and deserves to...be dismissed. It is open to the Petitioner to pray for their impleadment after any subsequent events leading to oppression and mismanagement by Snehlata Maheshwari or Tanmay Maheshwari are brought on...
...respondent, as it is not 1st respondent whose affairs were alleged to have been mismanaged or conducted oppressively. Learned counsel further argued that the appellants agitating oppression and mismanagement of affairs of x.... Further 2nd to 4th appellants have also an independent right to move the application for oppression and mismanagement against their Company Appeal (AT) No.220 of 2017 interest even if they are representing the company. T...shareholder/members without and notice or information cannot visualize or presume that his/their share(s) will be brought down to their disadvantage, which amounts to oppression and mismanagement. On such ...
...respondent, as it is not 1st respondent whose affairs were alleged to have been mismanaged or conducted oppressively. Learned counsel further argued that the appellants agitating oppression and mismanagement of affairs of x.... Further 2nd to 4th appellants have also an independent right to move the application for oppression and mismanagement against their Company Appeal (AT) No.220 of 2017 interest even if they are representing the company. T...shareholder/members without and notice or information cannot visualize or presume that his/their share(s) will be brought down to their disadvantage, which amounts to oppression and mismanagement. On such ...
...effective remedies under the Companies Act for prevention of oppression and mismanagement.8. But the above decision deals with the invocation of Writ jurisdiction filed by an shareholder and...deal with the matters concerning transfer of shares effective change in the share register etc., According to the learned counsel, any petition alleging mismanagement or oppression and suppression etc...that Section 408(1) of the Act, provides ample power to the Central Government to prevent the oppression and mismanagement of internal administration/affairs of the company and the Company Law Board...
.... Applicant, Mr. Mohit Baluja is stated to be the director - promoter and shareholder of the Respondent No. 1 Company. The Applicant being aggrieved from the acts of oppression and
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...No. 2, Mr. Vineet Pasari also has filed a petition under section 241-242 of the Companies Act 2013 being C.P No. 127 of 2024 against alleged acts of oppression and mismanagement at the behest of the.... It has been thus stated that both the Company Petitions are concerned with oppression and mismanagement of Respondent No. 1 Company. The allegations are by the two shareholders i.e., Applicant and...
...liberty to the l Respondent to le fresh company petition under Section 241 and 242 of the Companies Act, 2013, if there is fresh cause of action i.e. oppression and mismanagement, taken p...Bench (hereinaer referred to as the Tribunal for short) in Company Petition No.42/2011. By the impugnedjudgement, while the Tribunal answered the oppression and mismanagement in favour of appellant and...Companies Act 2013 with regard to Oppression and Mismanagement if committed after the appellants become the shareholders of the company. Learned counsel for the appellants further submitted...
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...CP No. 96/2011, alleging various acts of oppression and mismanagement in the affairs of the R1 company on the strength that the petitioner is a shareholder of the 1 respondent company. Subsequent to...Under consideration is TCP 80/2016 filed by the petitioner under Sections 397/398 of Companies Act, 1956 leveling allegations of various acts of oppression and...mismanagement in the affairs of Akshaya Textiles Limited, Respondent 1 herein.2. The present company application was filed by the petitioner, before the erstwhile Company Law Board under...
...material of an oppression of the respondent no. 1 to 3 and/or mismanagement in the affairs of the appellant company by practising fraudulent methods in reducing the majority shareholder to a minority...counsel are as under:(i) Whether the company law board was in law justified in passing the impugned order without first arriving at a finding of oppression and mismanagement as claimed...to even suggest that the company law board has come to the conclusion and/or satisfied itself that there is mismanagement in the affairs of the appellant company and/or oppression of the Respondent nos...
...have asked for similar relief s including the appointment of an interim administrator. The acts of mismanagement and oppression complained of are similar to those set out in the W. P. before the High...Companies Act for prevention of oppression and mismanagement. When such remedies are available, the High Court should not readily entertain a petition under Article 226.
(4) LEARNED Single...kind referred to in the writ petition. They basically deal with mismanagement of the affairs of the company and oppression of the minority share holers. The company is only a deemed public limited...
...company, it may be the managerial inefficiency and therefore is not a fit case of oppression and mismanagement under Section 241 and 242 of the Companies Act, 2013. In this case, Respondent No. 2, being a ...alleged acts of oppression and mismanagement by Respondent No. 2, which are mentioned below:
1...possession and occupation of the hotel property by Respondent No. 2 do not fall within the scope of Sections 241 and 242 of the Companies Act, 2013. It is trite law that a majority shareholder, who...