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NATIONAL COMPANY LAW TRIBUNAL
Khetrabasi Biswal, Judicial Member, Shishir Agarwal, Technical Member
Tarsem K. Ruby – Appellant
Versus
OJAS Medical Services Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. petition under sections 241, 242, 244 for oppression. (Para 1) |
| 2. violations of prior loan covenants. (Para 2) |
| 3. share transfers complied with aoa. (Para 3) |
| 4. petition maintainability upheld after amendment. (Para 7 , 8 , 9 , 10) |
| 5. framed issues on conspiracy, hsvp, hdfc loan. (Para 11) |
| 6. no valid acceptance; pre-emption rights lapsed. (Para 12) |
| 7. hsvp show cause regularized by policy permission. (Para 13) |
| 8. hdfc loan ratified; benefits company interests. (Para 14) |
| 9. no oppression; petition dismissed. (Para 15 , 16 , 17) |
ORDER
1. The present Petition has been filed under sections 241, 242 and 244 of the Companies Act, 2013 (hereinafter referred to as the “Act”).
2. The facts of the case as stated in the Petition are as under:
i) The Petitioner is a Shareholder of Respondents No.1 i.e. M/s OJAS Medical Services Pvt. Ltd. (hereinafter referred to as 'OJAS/Respondents No.1') and holds 14,00,000 equity shares, which represent 13.33% of the issued and paid-up share capital. The Petitioner has been the Director of Respondents No.1, since its inception w.e.f 30.06.2015. True copies of the Shares Certificates issued in favour of the Petitioner in proof of his holding 14,00,00
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