The judgement by which court limited the ability of outside investors to prosecute fiduciary claims…
In ICP Investments (Mauritius) Ltd v Uppal Housing Pvt Ltd (2019), the Delhi High Court held that a shareholder's derivative action is per se not maintainable, because such…
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The judgement by which court limited the ability of outside investors to prosecute fiduciary claims under the Indian Companies Act :
Answer and explanation
Correct answer D
In ICP Investments (Mauritius) Ltd v Uppal Housing Pvt Ltd (2019), the Delhi High Court held that a shareholder's derivative action is per se not maintainable, because such claims fall within the oppression and mismanagement remedy under section 241 of the Companies Act, 2013, which must be pursued before the NCLT. The ruling restricted investors from pursuing directors' breaches of fiduciary duty through derivative suits in the civil courts.
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