https://www.taxtmi.com/caselaws?id=195595 Maintainability under Section 399 of the Companies Act, 1956 may not be defeated solely because the petitioner's name is absent from the register of members. Transfer agreements, consideration, executed transfer instruments, waived pre-emption objections and an enforceable right to registration can support treatment as a member for oppression and mismanagement proceedings. Interim status quo protection may continue where related civil proceedings concern contractual rights rather than statutory shareholder rights, and a proposed asset sale could leave the company without assets and frustrate the main petition. The respondents' challenge to maintainability and vacation of interim relief failed. en-us Tue, 21 Dec 2004 00:00:00 +0530 Sat, 04 Nov 2017 18:06:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=195595 Maintainability under Section 399 of the Companies Act, 1956 may not be defeated solely because the petitioner's name is absent from the register of members. Transfer agreements, consideration, executed transfer instruments, waived pre-emption objections and an enforceable right to registration can support treatment as a member for oppression and mismanagement proceedings. Interim status quo protection may continue where related civil proceedings concern contractual rights rather than statutory shareholder rights, and a proposed asset sale could leave the company without assets and frustrate the main petition. The respondents' challenge to maintainability and vacation of interim relief failed. Case-Laws Companies Law Tue, 21 Dec 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=195595