Right to apply under section 241
Section 244 of the Companies Act, 2013 deals with right to apply under section 241. The following members of a company shall have the right to apply under section 241, namely:-- (a) in the case of a company having a share capital, not less than one hundred members of the company or not less than one-tenth of the total number of its members, whichever is less, or any member or membe The Act came into force on 01 Apr 2014.
(1) The following members of a company shall have the right to apply under section 241, namely:--
(a) in the case of a company having a share capital, not less than one hundred members of the company or not less than one-tenth of the total number of its members, whichever is less, or any member or members holding not less than one-tenth of the issued share capital of the company, subject to the condition that the applicant or applicants has or have paid all calls and other sums due on his or their shares;
(b) in the case of a company not having a share capital, not less than one-fifth of the total number of its members:
Provided that the Tribunal may, on an application made to it in this behalf, waive all or any of the requirements specified in clause (a) or clause (b) so as to enable the members to apply under section 241.
Explanation.--For the purposes of this sub-section, where any share or shares are held by two or more persons jointly, they shall be counted only as one member.
(2) Where any members of a company are entitled to make an application under subsection (1), any one or more of them having obtained the consent in writing of the rest, may make the application on behalf and for the benefit of all of them.
Section 244, The Companies Act, 2013 (Act 18 of 2013).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Manish Kumar v. Topworth Urja & Metals Limited & Ors.
Court's Decision & Legal Precedent
DATE-VERIFIED Final Order 19.04.2022 (order-1.pdf): Suit sought declaration that board resolutions appointing directors (ss.152/161) were void. Court held the “matter” of director appointment irregularity in an oppression/mismanagement frame is for NCLT; s.430 ousts civil court — ad-interim relief rightly refused.
On this section: s.244 — who may apply under s.241; waiver/proviso; standing for oppression petitions.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Another intervention application was moved by several shareholders of the Corporate Debtor, who purportedly hold 16.75% of its issued and the paid-up share capital. These shareholders have also instituted proceedings under Sections 241, 242 and 244 of the Companies Act 2013 for oppression and mismanagement against the erstwhile management of the Corporate Debtor, including the first respondent and Riju Raveendran. The counsel for the intervenors advanced submissions broadly on the same lines as the appellant. They assailed the acceptance of the settlement …
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… Another intervention application was moved by several shareholders of the Corporate Debtor, who purportedly hold 16.75% of its issued and the paid-up share capital. These shareholders have also instituted proceedings under Sections 241, 242 and 244 of the Companies Act 2013 for oppression and mismanagement against the erstwhile management of the Corporate Debtor, including the first respondent and Riju Raveendran. The counsel for the intervenors advanced submissions broadly on the same lines as the appellant. They assailed the acceptance of the settlement …
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… in real estate projects there is no system under which they could obtain data or information regarding the persons similarly circumstanced and whose co-operation and support is necessary under the impugned amendment to activise the Code. 17. Secondly, he would submit that having regard to the explanation in Section 244 of the companies Act, 2013, it brings about clarity in regard to the situation where there is a joint holding. The absence of any such similar provision in Section 7 of the Code is emphasised in an attempt at persuading the court to overturn the law. He would further point out the practical difficulties in …
Questions about Section 244
What have the courts held on Section 244 of the Companies Act?
Manish Kumar v. Topworth Urja & Metals Limited & Ors. (19 Apr 2022) is the leading judgment on this section among those set out below: s.244 — who may apply under s.241; waiver/proviso; standing for oppression petitions.
How do I find court cases under Section 244 of the Companies Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Companies Act 244, section 244 Companies Act, section 244 of the Companies Act. People searching for it also type companies act 2013 section 244. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Manish Kumar v. Topworth Urja & Metals Limited & Ors. (19 Apr 2022).
What should I read with Section 244 of the Companies Act, and has it changed?
Its own text turns on section 241 (Application to Tribunal for relief in cases of oppression, etc), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When did Section 244 of the Companies Act come into force?
Section 244 of the Companies Act, cited as Companies Act 244, came into force on 01 Apr 2014, having been enacted on 29 Aug 2013. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions5089 words
- 143. Powers and duties of auditors and auditing standards1867 words
- 230. Power to compromise or make arrangements with creditors and members1432 words
- 232. Merger and amalgamation of companies1416 words
- 149. Company to have Board of Directors1403 words
- 217. Procedure, powers, etc., of inspectors1390 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.