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NCLAT dismissed the appeal, upholding the NCLT's discretionary waiver of eligibility criteria under Section 244(1)(b) of the Companies Act, 2013. The tribunal considered exceptional circumstances involving a sports-promoting Section 8 company, where four members filed a petition alleging oppression and mismanagement, supported by additional concerns from 90 members. The court found no prior adjudication of these allegations and recognized significant internal differences warranting judicial intervention. The waiver was granted based on public interest considerations and the potential merits of the underlying dispute, without prejudging the substantive claims of oppression and mismanagement.
NCLAT dismissed the appeal, upholding the NCLT's discretionary waiver of eligibility criteria under Section 244(1)(b) of the Companies Act, 2013. The tribunal considered exceptional circumstances involving a sports-promoting Section 8 company, where four members filed a petition alleging oppression and mismanagement, supported by additional concerns from 90 members. The court found no prior adjudication of these allegations and recognized significant internal differences warranting judicial intervention. The waiver was granted based on public interest considerations and the potential merits of the underlying dispute, without prejudging the substantive claims of oppression and mismanagement.
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