https://www.taxtmi.com/caselaws?id=275706 Maintainability of a company petition under statutory oppression remedies cannot be decided as a preliminary threshold where material factual disputes exist about share transfers and allotments. The petitioner prima facie meets the quantitative shareholding threshold when the impugned transfer alleged to be by duress is excluded; the subsequent allotment relied on to dilute holdings is factually disputed and raises questions about compliance with statutory allotment procedure that cannot be resolved summarily. Limitation and rectification arguments involve mixed law and fact issues and do not bar inquiry where transfers or allotments are alleged to be coercive, fraudulent, or continuing acts of oppression. en-us Fri, 16 Dec 2005 00:00:00 +0530 Sat, 13 Oct 2018 10:47:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=275706 Maintainability of a company petition under statutory oppression remedies cannot be decided as a preliminary threshold where material factual disputes exist about share transfers and allotments. The petitioner prima facie meets the quantitative shareholding threshold when the impugned transfer alleged to be by duress is excluded; the subsequent allotment relied on to dilute holdings is factually disputed and raises questions about compliance with statutory allotment procedure that cannot be resolved summarily. Limitation and rectification arguments involve mixed law and fact issues and do not bar inquiry where transfers or allotments are alleged to be coercive, fraudulent, or continuing acts of oppression. Case-Laws Companies Law Fri, 16 Dec 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=275706