Section 241 Companies Act 2013 provides relief from OPPRESSION AND MISMANAGEMENT. An application may be made to the NCLT by:
Answer & Solution
Correct answer: A.
1. Section 241(1) Companies Act 2013 enables a member to apply to the NCLT for relief if the affairs of the company are being conducted: (a) in a manner prejudicial / oppressive to any member or members, or prejudicial to public interest; OR (b) in a manner prejudicial to the interests of the company; OR if a MATERIAL CHANGE has taken place in the management or control of the company.
2. Section 241(2): Central Government may also apply.
3. Section 244 prescribes the locus: 100 members or 10% of total members (whichever is less) for companies with share capital; or members holding not less than 1/10 of the issued share capital, with each having paid all calls.
4. NCLT powers under Section 242 are wide (regulation of conduct, purchase of shares, termination of agreements, etc.).
5. Hence option B is correct.
_Source: Companies Act 2013 (Act 18 of 2013), Govt. of India MCA — Companies Act 2013, Section 241_
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