Supreme Court · 2026 INSC 447 · Decided 4 May 2026

DR. Bais Surgical and Medical Institute PVT. LTD & ORS. v. Dhananjay Pande

Court
Supreme Court of India
Citation
2026 INSC 447 · [2026] 5 S.C.R. 347
Case number
CIVIL APPEAL No. 8973/2010
Decided
4 May 2026
Bench
PAMIDIGHANTAM SRI NARASIMHA (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Companies Act Section 397, 398, 2(27), 41, 399

Headnote

Whether, in the absence of a formal entry of the respondent no.1's name in the register of members, he could nonetheless be regarded as a "member" of the appellant-company so as to invoke the jurisdiction of the Company Law Board u/ss.397 and 398 Act, 1956. Companies Act, 1956 - ss.2(27), 41, 397, 398, 399 - "member" - High Court and the Company Law Board upheld respondent no.1 as a deemed member of the company, entitled to maintain a petition u/ss.397 and 398 - Whether the

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