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    <title>Minority shareholder appeal on Section 244(1)(a) waiver and valuation report in oppression case dismissed as misconceived</title>
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    <description>NCLAT dismissed the company appeal filed by the minority shareholder (holding 5.98% shares) challenging the NCLT&#039;s approach to the waiver requirement under Section 244(1)(a) for initiating proceedings under Sections 241-242 of the Companies Act, 2013. The Appellate Tribunal held that the consensual direction to obtain a valuation report, and its submission on record, did not constitute grant of a statutory waiver nor obviate the need for a specific order under Section 244(1)(a). The valuation report was treated as a facilitative, equitable measure aimed at possible amicable settlement and not as a legal precondition. NCLAT held that the NCLT remains fully competent to independently decide the waiver application, and found no legal infirmity, thereby dismissing the appeal.</description>
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    <pubDate>Sat, 22 Nov 2025 07:36:35 +0530</pubDate>
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      <title>Minority shareholder appeal on Section 244(1)(a) waiver and valuation report in oppression case dismissed as misconceived</title>
      <link>https://www.taxtmi.com/highlights?id=94392</link>
      <description>NCLAT dismissed the company appeal filed by the minority shareholder (holding 5.98% shares) challenging the NCLT&#039;s approach to the waiver requirement under Section 244(1)(a) for initiating proceedings under Sections 241-242 of the Companies Act, 2013. The Appellate Tribunal held that the consensual direction to obtain a valuation report, and its submission on record, did not constitute grant of a statutory waiver nor obviate the need for a specific order under Section 244(1)(a). The valuation report was treated as a facilitative, equitable measure aimed at possible amicable settlement and not as a legal precondition. NCLAT held that the NCLT remains fully competent to independently decide the waiver application, and found no legal infirmity, thereby dismissing the appeal.</description>
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      <pubDate>Sat, 22 Nov 2025 07:36:35 +0530</pubDate>
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