https://www.taxtmi.com/caselaws?id=376861 Waiver under the proviso to Section 244 of the Companies Act, 2013 is available only on proof of exceptional circumstances, assessed from the proposed oppression and mismanagement petition without entering the merits. The text notes that where most members are individually eligible to sue under Sections 241 and 242, the shareholding pattern may not justify dispensing with the statutory threshold. On that factual matrix, no exceptional circumstance was found, the waiver was not sustained, and the petition was held not maintainable. en-us Wed, 14 Nov 2018 00:00:00 +0530 Mon, 18 Mar 2019 08:46:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=376861 Waiver under the proviso to Section 244 of the Companies Act, 2013 is available only on proof of exceptional circumstances, assessed from the proposed oppression and mismanagement petition without entering the merits. The text notes that where most members are individually eligible to sue under Sections 241 and 242, the shareholding pattern may not justify dispensing with the statutory threshold. On that factual matrix, no exceptional circumstance was found, the waiver was not sustained, and the petition was held not maintainable. Case-Laws Companies Law Wed, 14 Nov 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=376861