Question

Under Chapter XVI of the Companies Act, 2013 , Section 244 lays down the eligibility criteria for members to apply to the Tribunal under Section 241. Which of the following statements correctly describes the statutory requirements or legal features governing this right to apply?

A For a company having a share capital, an application under Section 241 can be made by members holding not less than 1/10th of the paid-up share capital, provided all calls have been paid.
B In a company having a share capital, an application under Section 241 requires the support of not less than 100 members OR 1/10th of the total number of members (whichever is less), OR member(s) holding not less than 1/10th of the issued share capital, provided all calls on their shares are paid.
C The National Company Law Tribunal (NCLT) has no statutory power or jurisdiction to waive the numerical or shareholding eligibility criteria prescribed under Section 244.
D For a company not having a share capital, an application under Section 241 can be validly filed by not less than 1/10th of the total number of its members.
E If a consenting member subsequently withdraws their consent during the pendency of the proceedings, the petition automatically becomes non-maintainable and must be dismissed by the Tribunal.
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