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IBC - Highlights / Catch Notes

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Corporate dispute involving allegations of oppression and ...


Shareholder dispute - Oppression, mismanagement by equal owners. Quasi-partnership principles apply. Casting vote misused for self-interest.

Case Laws     Insolvency and Bankruptcy

August 20, 2024

Corporate dispute involving allegations of oppression and mismanagement by equal shareholders. Key points: Oppression implies lack of probity or equity, intention behind actions relevant. No majority shareholder, issue of control over management. Appointment/removal of directors not oppression. Quasi-partnership principles applicable. Casting vote misused for personal benefit after dispute arose. Disqualifying both directors impermissible. Removing casting vote justified to prevent one group's control. Equal shareholders entitled to board representation based on shareholding.

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