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2017 (11) TMI 423 - AT - Companies LawGrant of 'waiver' under proviso to sub-section (1) of Section 244 of the Companies Act, 2013 - Oppression and mismanagement - Held that:- Apart from the fact that both the impugned orders have been passed in a mechanical manner by the Tribunal without considering any exceptional circumstances to allow the application for 'waiver' under proviso to sub-section (1) of Section 244, the Tribunal has not applied its mind as to whether (proposed) application under section 241 merits consideration and whether it relates to 'oppression and mismanagement'. The question of grant of 'waiver' under proviso to sub-section (1) of Section 244 fell for consideration before this Appellate Tribunal in “Cyrus Investments Pvt. Ltd. & AJqR. Vs. Tata Sons Ltd. & Ors. - [2017 (9) TMI 1500 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI] As the impugned order(s) are a nonspeaking order, we have no option but to set aside the impugned orders both are set aside.
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