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2017 (8) TMI 200 - Tri - Companies LawOppression and mismanagement - petition under Sections 397, 398, 402, 403 and 405 of the Companies Act, 1956 - Held that:- We find that the acts of respondents were neither burdensome nor harsh. Even suppose that there were lack of confidence between the Petitioner (Minority) and the Respondents (Majority), but the said lack of confidence did not spring from oppression by the respondents against the petitioner. Moreover, it was the petitioner who left the company at his own will. The respondents have not flouted the provisions of the Companies Act, 1956/2013 and they have been able to refute appropriately the allegations levelled by the petitioner pertaining to sale of the web portal of the 1st Respondent Company. It is well settled that a single act of financial mismanagement does not have the continuous effect which is necessary for granting relief under the provision of Sections 397 and 398 of the Companies Act, 1956. Moreover, the commercial mismanagement does not amount to oppression, therefore, the same does not require judicial interference.herefore, it would not be just and equitable to declare that the acts of the Respondents are oppressive and constitutes mismanagement. In connection with the allegations of shifting of Registered office of the 1st Respondent company, the Respondents have given a plausible explanation i.e. Office was housed on the basis of lease and licence agreement that expired in October, 2014, and further to curtail the cost, the office was relocated for cheaper accommodation and the same was intimated to the concerned Registrar of companies. Therefore, a bona fide shifting of the registered office of a company causing no loss to the company does not amount to mismanagement
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