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    <title>2020 (8) TMI 580 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI</title>
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    <description>In an oppression and mismanagement petition, maintainability under Section 399 cannot always be decided solely on the filing date where the grievance is that the petitioners were deliberately reduced below the statutory shareholding threshold. The threshold question must be considered with the alleged oppression at final adjudication. Limitation in such proceedings is a mixed question of law and fact, especially where chronology, continuing wrong, and earlier proceedings are disputed, and cannot be summarily rejected without full examination. An order lacking adequate reasoning on the merits and on the effect of prior litigation is unsustainable and calls for fresh consideration on merits.</description>
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      <description>In an oppression and mismanagement petition, maintainability under Section 399 cannot always be decided solely on the filing date where the grievance is that the petitioners were deliberately reduced below the statutory shareholding threshold. The threshold question must be considered with the alleged oppression at final adjudication. Limitation in such proceedings is a mixed question of law and fact, especially where chronology, continuing wrong, and earlier proceedings are disputed, and cannot be summarily rejected without full examination. An order lacking adequate reasoning on the merits and on the effect of prior litigation is unsustainable and calls for fresh consideration on merits.</description>
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