Niyam v2 is live — start for just ₹100 — 200 credits to try

july 2020

Supreme Court of India · 2020-07-06

ARUNA OSWAL vs PANKAJ OSWAL

Citation / case number
SC 2019/44291
Court
Supreme Court of India
Petitioner
ARUNA OSWAL
Respondent
PANKAJ OSWAL
Author
HON'BLE MR. JUSTICE ARUN MISHRA
Bench
HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MR. JUSTICE ARUN MISHRA

Judgment text excerpt

The Supreme Court upheld the NCLAT's decision affirming the NCLT's order regarding the maintainability of applications under Sections 241 and 242 of the Companies Act, 2013. The Court emphasized that a petitioner must have a minimum shareholding to maintain a petition for oppression and mismanagement, and in this case, the respondent's shareholding of 0.03% was insufficient. The Court ruled that the nomination made by the deceased under Section 72 of the Act in favor of his wife was valid and superseded any prior claims, thus dismissing the appeal.

ARUNA OSWAL vs PANKAJ OSWAL · Niyam