You are viewing the translated version of कम्पनीको तर्फबाट शेयरधनीले मुद्दा गर्न सक्ने.
Section 140
Shareholders can sue on behalf of the company
: (1) The company may file a case in the court against any of its directors, officers or shareholders who control the company according to the unanimous agreement or against any person to enforce any rights and interests of the company.
(2) If the relevant company does not file a lawsuit according to sub-section (1), any shareholder holding two and a half percent or more of the paid-up capital of the company alone or with more than one shareholder holding five percent shares on behalf of the company, such director or officer or person controlling the company or any other person (3) According to sub-section (2), when the shareholder files a case, he must mention what kind of efforts he has made so that the company itself should prosecute the case.
(4) If a case is filed in accordance with sub-section (2), the court may decide that it is appropriate for the shareholder to proceed with the case, or if it is appropriate for the company to be wound up, the court may order the company to be wound up. (5) Sub-section (1) or ( 2) After the case has been filed once, it cannot be dismissed or settled unless the conditions set by the court are included.
(6) If the case filed under sub-section (2) is decided, if the claim of the complaining shareholder is found to be successful, the company shall also inquire about the amount of expenses incurred by him in pursuing such case and the legal expenses incurred for the services of the legal practitioner. If it is determined that the claim is not sufficient, the defendant will have to pay the amount that the court deems appropriate out of the expenses incurred by the defendant in defending the case from the complaining shareholder to the interrogator.
(2) If the relevant company does not file a lawsuit according to sub-section (1), any shareholder holding two and a half percent or more of the paid-up capital of the company alone or with more than one shareholder holding five percent shares on behalf of the company, such director or officer or person controlling the company or any other person (3) According to sub-section (2), when the shareholder files a case, he must mention what kind of efforts he has made so that the company itself should prosecute the case.
(4) If a case is filed in accordance with sub-section (2), the court may decide that it is appropriate for the shareholder to proceed with the case, or if it is appropriate for the company to be wound up, the court may order the company to be wound up. (5) Sub-section (1) or ( 2) After the case has been filed once, it cannot be dismissed or settled unless the conditions set by the court are included.
(6) If the case filed under sub-section (2) is decided, if the claim of the complaining shareholder is found to be successful, the company shall also inquire about the amount of expenses incurred by him in pursuing such case and the legal expenses incurred for the services of the legal practitioner. If it is determined that the claim is not sufficient, the defendant will have to pay the amount that the court deems appropriate out of the expenses incurred by the defendant in defending the case from the complaining shareholder to the interrogator.