Dr. Bais Surgical And Medical Institute ... vs Dhananjay Pande

The Supreme Court examined whether a person not formally entered in the register of members could still be considered a 'member' of a company for the purpose of invoking the jurisdiction of the Company Law Board under Sections 397 and 398 of the Companies Act, 1956. The Court analyzed the legal definition of 'member' and the implications of non-registration in the company's records. It held that formal entry in the register is a crucial requirement to be recognized as a member entitled to seek relief under the said provisions. Consequently, the appeals were dismissed, affirming the High Court's and Company Law Board's decisions.