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Companies Law - Highlights / Catch Notes

Home Highlights December 2021 Year 2021 This

Oppression and mis-management - The discretionary power under ...


Company Law Board's Discretionary Power u/s 402 Upholds Investor Protection Against Mismanagement and Oppression.

December 9, 2021

Case Laws     Companies Law     HC

Oppression and mis-management - The discretionary power under Section 402 of the Companies Act are residuary in nature and in addition to the powers available to the CLB under Sections 397(2) and Section 398 (2) which permit the CLB to make such order as it thinks fit with a view to give quitus to the matters complainted. In the instant case, the oppressive conduct of the appellants against the Foreign investors namely ORE Holdings and Athappan well found and spoken aloud in the orders passed by CLB, High Court and the Supreme Court. - HC

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