oppression and mismanagement Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

Protection of minority shareholder rights | NCLT lays down structured buy-out mechanism to resolve deadlock between shareholders

The NCLT gave the first right to buy shares to the petitioners and then the Deccan Group. If neither party purchased the other’s shares, the NCLT would consider winding up the company under Section 242(1)(b) of the Companies Act.

Op Eds OP. ED.

Power of Winding Up at the Suit of Minority Shareholders

by Ira Srivastava*

Case Briefs High Courts

Bombay High Court restrains enforcing anti-suit permanent injunction order passed by Singapore High Court; Applied three-pronged test

At this juncture, examining whether the petition filed before the NCLT can be said to be a ‘dressed-up’ petition, would necessarily require a detailed exercise to be carried out by this Court to render findings either way clearly impinging upon the exclusive jurisdiction of the NCLT in deciding such a question.

Op Eds OP. ED.

Arbitrability of Disputes under Sections 241 and 242 of the Companies Act, 2013

by Shreni Shetty†

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | NCLT not required to suo motu go through all issues pleaded but not addressed in application under Companies Act

National Company Law Appellate Tribunal (NCLAT): A Bench comprising of Justice S.J. Mukhopadhaya, Chairperson and Justice Bansi Lal Bhat, Member (Judicial) dismissed an