Legal Street registered trademark

Supreme Court of India

Aruna Oswal v. Pankaj Oswal & Ors.

Neutral citation
Reported as [2020] 7 S.C.R. 476
Bench Arun Mishra and S. Abdul Nazeer JJ.
Decided 6 July 2020

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the aforesaid decision, we are of the opinion that the basis of the petition is the claim by way of inheritance of 1/4th shareholding so as to constitute 10% of the holding, which right cannot be decided in proceedings under section 241/242 of the Act.

Judgment, page 18

From the headnote

Companies Act, 2013 – ss. 241 and 242 – Respondent no. 1 filed a partition suit claiming entitlement to one-fourth of t he estate/ shares of his father – The High Court directed status quo b etween the parties and the said suit is pending – Thereafter, respon dent no. 1 filed Company petition alleging oppression and misma nagement in the affairs of respondent no. 2 company and claimed e ligibility to maintain the petition on the ground of being hol der of 0.03% shareholding and legitimate expectation to 9.97% share holding of respondent no. 2 company – The NCLT held the petition maintainable

Authorities it was built on

Sign in free to read it

  • The full judgment, page by page, as published in the Supreme Court Reports
  • The ratio: what the Court held, verbatim, with the page it sits on
  • Every bench that relied on it, and every bench that argued against it
  • Search every reported judgment, by party, citation or question
  • Download the PDF, copy pinpoint citations ready for a filing
Sign in to read - for free

An email address, no password.