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Companies Law - Highlights / Catch Notes

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Four members filed a petition u/s 241 of the Companies Act, 2013 ...


Minority Shareholders' Right to Petition Against Company Upheld by NCLAT, Overruling NCLT's Strict Interpretation.

January 3, 2025

Case Laws     Companies Law     AT

Four members filed a petition u/s 241 of the Companies Act, 2013 against a company with 30 members. The NCLT dismissed the petition on the ground that it did not meet the criteria u/s 244, which requires petitioners to be at least 1/10th of the total members. The NCLAT allowed the appeal, holding that since the petitioners constituted 1/10th of the total members, the petition was maintainable.

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