Question

In cases of oppression in affairs of a company, which provision of Companies Act, 2013 stipulates who have the right to make an application?

• A. Section 241
• B. Section 244
• C. Section 246
• D. Section 248

Hint:

Remember the distinction: Section 241 is the 'What' (what are the grounds of oppression). Section 244 is the 'Who' (who is eligible to apply).

Answer 1

The Correct Option is B

The Companies Act, 2013, provides remedies against oppression and mismanagement in a company.

Section 241 describes the \textit{grounds} on which a member can apply to the National Company Law Tribunal (NCLT) for relief.
It deals with "what" you can complain about.

Section 244 specifies the \textit{eligibility} criteria, i.
e.
, "who" has the right to make such an application under Section 241.
It sets the threshold for the minimum number of members or the minimum percentage of shareholding required to file a petition.
Since the question asks "who have the right to make an application," the correct provision is Section 244.