Section 246 of CA 2013 : Section 246: Application Of Certain Provisions To Proceedings Under Section 241 Or Section 245

CA 2013

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Explanation using Example

Imagine a scenario where a group of minority shareholders of XYZ Pvt. Ltd. believe that the company's affairs are being conducted in a manner prejudicial to their interests. They decide to make an application to the National Company Law Tribunal (NCLT) under section 241, alleging acts of oppression and mismanagement by the company's majority shareholders.

In this situation, the legal processes and powers that apply to investigations ordered by the Tribunal, as outlined in sections 337 to 341 of the Companies Act, 2013, would also apply to the minority shareholders' application. This means the NCLT has the authority to investigate the company's affairs and take necessary actions as it would in cases directly initiated under sections 337 to 341, such as appointing inspectors or requiring documents to be produced.