At ILS, we have a prime focus and niche on mismanagement, oppression, management, and shareholder disputes and render our legal services in relation to said areas from scratch to the end, including the rendering of advisories, mediation, conciliation, and negotiations to settle the matter or dispute out of court and, if the need arises, assisting the clients before the National Company Law Tribunal. Our expertise lies in assisting clients in the preparation of tailor-made case-specific strategies, petitions, defence, and representation before the National Company Law Tribunal, National Company Law Appellate Tribunal, and Supreme Court. We cherish the fact that our services in oppression and mismanagement are among the most sought-after and ranked among the top of the law firms in Delhi.

In any democratic setup, every decision is taken as per the mandate given by the majority of its members, with certain exceptions. In a similar vein, in the case of companies, the majority of shareholders and directors enjoy decision-making power during shareholder meetings and board meetings, respectively. That the said setup comes with certain checks and balances to safeguard the interests of all its stakeholders and members and to circumscribe the chances of misutilization of the powers by the majority to suppress and oppress the rights of the minority shareholder and their representative on the Board of the Company. One of these checks and balances is canvassed under Sections 241-242 of the Companies Act, 2013, widely known as “oppression and mismanagement.” These provisions act as a shield and sword at the same time for the aggrieved persons, who can agitate their grievances before the National Company Law Tribunal. Said provisions can also be invoked in cases of management and shareholder disputes, wherein certain changes in the management can also be grounds to knock on the doors of the National Company Law Tribunal. The National Company Law Tribunal, while hearing cases under Sections 241-242 of the Companies Act, 2013, can pass various corrective and preventive measures to meet justice. Most common acts of oppression and mismanagement are the removal of a director who is also a shareholder of the company, reduction of shareholding by way of allotment or transfer of shares, disposal of assets of the company, shifting of registered office, refusal to inspect records by a shareholder and/or director of the company, syphoning of funds, contracts, or clients from the company, etc. of registered office.

Our partners are well equipped with all the necessary expertise in handling such disputes and have considerable experience in these matters dating back almost a decade. We are proud to state that we have obtained the necessary injunctions and strictures from the National Company Law Tribunal to safeguard and protect the rights of our clients from time to time. Our services have been recognised in the market by potential clients, and we have received many referrals in this field.