https://www.taxtmi.com/caselaws?id=402377 Waiver of the eligibility requirements for a petition alleging oppression and mismanagement may be granted where the member shows a substantial grievance, qualifying shareholding, and issues needing merits-based adjudication. Prior civil proceedings did not bar the statutory petition because they did not finally determine the oppression, mismanagement, or rights issue claims, so res judicata and issue estoppel did not defeat the waiver request. Delay and laches were also treated as matters to be considered with the merits rather than as an automatic threshold bar, particularly where no fixed limitation period governed the petition. The appellate challenge to grant of waiver therefore failed, and the petition was allowed to proceed on merits. en-us Tue, 22 Dec 2020 00:00:00 +0530 Sat, 16 Oct 2021 16:36:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=402377 Waiver of the eligibility requirements for a petition alleging oppression and mismanagement may be granted where the member shows a substantial grievance, qualifying shareholding, and issues needing merits-based adjudication. Prior civil proceedings did not bar the statutory petition because they did not finally determine the oppression, mismanagement, or rights issue claims, so res judicata and issue estoppel did not defeat the waiver request. Delay and laches were also treated as matters to be considered with the merits rather than as an automatic threshold bar, particularly where no fixed limitation period governed the petition. The appellate challenge to grant of waiver therefore failed, and the petition was allowed to proceed on merits. Case-Laws Companies Law Tue, 22 Dec 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=402377