Distinguish between Oppression and mismanagement application and Class action suits.

CS Executive · Company Law · PYQS · June 2018
Distinguish between Oppression and mismanagement application and Class action suits.

Answer & Explanation:

Oppression and mismanagement application Section 244 of Companies Act, 2013 provides that the following members of a company have the right to apply in case of oppression and management referred to under section 241 to the Tribunal: in the case of a company having a share capital, not less than one hundred members of the company or not less than one-tenth of the total number of its members, whichever is less, or any member or members holding not less than one-tenth of the issued share capital of the company, subject to the condition that the applicant or applicants has or have paid all calls and other sums due on his or their shares; in the case of a company not having a share capital, not less than one-fifth of the total number of its members: The Tribunal has the power that on an application made to it in this behalf, waive all or any of the abovementioned requirements so as to enable the members to apply under section 241. Class action suits Section 245 of Companies Act, 2013, deal with Class action suits. It is provided that members, depositors or any class of them, may, if they are of the opinion that the management or conduct of the affairs of the company are being conducted in a manner prejudicial to the interests of the company or its members or depositors, file an application before the Tribunal on behalf of the members or depositors. The requisite number of members is as under: in the case of a company having a share capital, not less than one hundred members of the company or not less than such percentage of the total number of its members as may be prescribed, whichever is less, or any member or members holding not less than such percentage of the issued share capital of the company as may be prescribed, subject to the condition that the applicant or applicants has or have paid all calls and other sums due on his or their shares; in the case of a company not having a share capital, not less than one-fifth of the total number of its members. Further, the requisite number of depositors shall not be less than one hundred depositors or not less than such percentage of the total number of depositors as may be prescribed, whichever is less, or any depositor or depositors to whom the company owes such percentage of total deposits of the company as may be prescribed.

Topics: Minority Protection

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