Application to court

Where a petition is filed under S. 286 on the grounds that the affairs of the Company are being conducted in a manner that is prejudicial to the interests of the Company or its members, and that the affairs as conducted constitute oppression, then the Court under S. 286 of the Companies Act, 2017 is empowered to order for the compulsory purchase of shares of any members by the other members

Purchase of share, in circumstances, is non-consensual, as it is solely made on the basis of the order of the Court ultimately however, if any such order is made by the Court, then such a transfer shall also be recorded by the Company and any change of shareholders/members shall also be duly added in the Register of Members.

In context of a company or corporation the word "oppression" was defined as unfair treatment to minority shareholders by those who controlled the corporation or the company.

Statutory law and principles in UK in relation to protection of members/minority shareholders from such oppression and mismanagement.

True intent and spirit of S. 286 of the Companies Act, 2017.

Statutory law and principles in India in relation to protection of members/minority shareholders from such oppression and mismanagement.

While dealing with an application under S. 286 of the Companies Act, 2017, the Court could not look into dispute inter se the parties

Section 286 could not be invoked for settlement of disputes in respect of intellectual property rights between the parties in which other forums were available under the relevant laws.

Jurisdiction under Companies Ordinance, 1984, is indisputably equitable in nature and relief can be refused on the grounds of laches.