Date and Time:
August 5, 2020 11:00 am - 12:30 pm
Event Location:
Description
Agenda:
Session 3 – The Battle From the Boardroom To The Courtroom (Part 2)
Introduction
· Brief background on the previous session
- What is an O&M action?
- Laws pertaining to O&M.
- Forum for bringing O&M actions.
Legal proceedings
· Initiation of claim before NCLT and procedure for an O&M claims – such claims, interim reliefs, etc.
· Class Action suit and how the same is different from an oppression and mismanagement claim under Section 245 (pull out BOM HC- J Gupte, Chidambaram, Class Action – Representative capacity, knowledge and experience will be very helpful. CPC Class Action, Consumer Protection)
· Discussion of landmark cases pertaining to O&M.
· Power of courts/tribunal when acts complained of are not oppressive
- Case Studies
Rights of legal heirs to institute proceedings under S. 241 of the Companies Act, 2013
· World Wide Agencies Pvt Ltd. v. Margaret T. Desor and Ors.
Vikram Bakshi and McDonald’s dispute
· Brief facts of the matter
· Decision of the NCLT
· Out of court settlement
Recent industry cases
· Discussion on recent cases pertaining O&M on a no-name basis.
Case Studies (Team)
2-3 matters of the team will be discussed in order to provide an overview of how such actions should be dealt with.
Thought Leaders:-
· Ankoosh Mehta
Partner
Cyril Amarchand Mangaldas
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