In the recent case of Dr. Bais Surgical and Medical Institute Private Limited and Ors. vs. Dhananjay Pande1, the Hon’ble Supreme Court of India (“Supreme Court”) ruled that formal entry in a company’s register of members is not an absolute prerequisite for seeking relief in respect of oppression and mismanagement under Sections 3972 and 3983 of the Companies Act, 1956 (“1956 Act”) (that are in pari materia with Sections 241 and 242 of the Companies Act, 2013 (“CA 2013”)).
Please click here to read the full article by Divyam Agarwal, Partner; Manish Jha, Partner; Aniket Aggarwal, Principal Associate; Kavya Jha, Associate; published in Mondaq.
Divyam is a dual-qualified Indian Advocate and English Solicitor Advocate (having Higher Rights of Audience – Civil Law). Divyam is a specialist in international commercial arbitration and has a broad practice advising and representing corporates and financial institutions in disputes under commercial contracts.