Digital Course On Prevention Of Oppression & Mismanagement: A Way Forward To Effective Corporate Governance – Session 3


Date and Time:

August 5, 2020 11:00 AM - 12:30 PM

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Session 3 – The Battle From the Boardroom To The Courtroom (Part 2)
·         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
           Cyril Amarchand Mangaldas
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