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    <title>2023 (2) TMI 1099 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI</title>
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    <description>A company governed by rotational election provisions was analysed on maintainability under sections 241-242 of the Companies Act, 2013, with waiver under section 244 sustained because the dispute arose from continuing internal conflicts and exceptional circumstances. The Tribunal treated the challenged acts as a continuing course of oppressive and prejudicial conduct affecting members and corporate functioning, and held that the statutory standard for oppression and mismanagement was met. It also held that a sole eligible candidate could be elected unopposed, but found the election process inconsistent with the Articles of Association. The appellate challenge failed and the Tribunal&#039;s directions were affirmed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=434584</link>
      <description>A company governed by rotational election provisions was analysed on maintainability under sections 241-242 of the Companies Act, 2013, with waiver under section 244 sustained because the dispute arose from continuing internal conflicts and exceptional circumstances. The Tribunal treated the challenged acts as a continuing course of oppressive and prejudicial conduct affecting members and corporate functioning, and held that the statutory standard for oppression and mismanagement was met. It also held that a sole eligible candidate could be elected unopposed, but found the election process inconsistent with the Articles of Association. The appellate challenge failed and the Tribunal&#039;s directions were affirmed.</description>
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