Companies Act, 2013
Chapter
XVI
Prevention
of Oppression and Mismanagement
241.
Application
to Tribunal for relief in cases of oppression, etc.
1. Any member of a
company who complains that—
a.
the
affairs of the company have been or are being conducted in a manner prejudicial
to public interest or in a manner prejudicial or oppressive to him or any other
member or members or in a manner prejudicial to the interests of the company;
or
b.
the
material change, not being a change brought about by, or in the interests of,
any creditors, including debenture holders or any class of shareholders of the
company, has taken place in the management or control of the company, whether
by an alteration in the Board of Directors, or manager, or in the ownership of
the company’s shares, or if it has no share capital, in its membership, or in
any other manner whatsoever, and that by reason of such change, it is likely
that the affairs of the company will be conducted in a manner prejudicial to
its interests or its members or any class of members, may apply to the
Tribunal, provided such member has a right to apply under section 244, for an
order under this Chapter.
2. The Central
Government, if it is of the opinion that the affairs of the company are being
conducted in a manner prejudicial to public interest, it may itself apply to
the Tribunal for an order under this Chapter.