Company Law

When the people running a company misuse it — freezing out minority shareholders, diverting business to sister concerns, refusing dividends for years while paying themselves — the Companies Act, 2013 gives real remedies. This chamber represents shareholders, directors and companies themselves before the National Company Law Tribunal (NCLT), and in appeals before the NCLAT.

What we handle

• Oppression and mismanagement (Sections 241 — 242) — the workhorse remedy for aggrieved members. The NCLT can regulate the company’s affairs, order a buy-out of shares at fair value, set aside fraudulent transfers, and even order winding-up where just and equitable. A member complaining of oppression must typically hold at least 10% of the registered equity (or be validly nominated), though the Tribunal can relax this in appropriate cases.
• Class actions (Section 245) — claims by prescribed numbers of members or depositors against the company for prejudicial conduct.
• Winding up on just and equitable grounds — deadlocked companies, loss of substratum, fraud on the minority.
• Director and officer liability — disqualification proceedings, breach of fiduciary duty, and defence of directors in prosecutions and NCLT proceedings.
• Governance disputes — legality of board meetings, share transfers and issuances, removal of directors, and challenges to extraordinary general meetings.
• Section 59 rectification — correcting the register of members in transfer and fraud cases.

Why early strategy matters

Oppression petitions are evidence-heavy. Share registers, minutes, financial records and email trails decide these cases — and once relations break down, access to company records becomes the first battlefield. Engaging counsel early protects your ability to gather and preserve that record.