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NCLAT Delhi Quashes Share Buyout Order Due to Lack of Oppression Findings

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Summary

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  • The NCLAT Delhi has quashed the NCLT Mumbai's order directing a share buyout in the Sanjit Instruments case, citing lack of findings on oppression and mismanagement.
  • The Tribunal emphasized that relief under Section 242(2) requires prior determinations under Sections 241 and 242(1), which were not established in this case.
  • The NCLAT found that the valuation report used was outdated and did not reflect the company's current financial status, necessitating a fresh valuation.
  • This ruling underscores the importance of statutory prerequisites in corporate disputes, potentially reshaping future buyout proceedings under the Companies Act.

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