Abstract

Derivative action in India has always received scant attention as an effective tool for protection of minority interests and ensuring managerial integrity. This article examines the reasons as to why the statutory provisions relating to oppression and mismanagement are more relied by minority shareholders as opposed to the derivative action. The article seeks to emphasise the need for such a remedy as well as identify the possible hurdles in the growth of derivative actions in India. It also examines the judicial attitude towards this form of remedy and also suggests reforms which can strengthen this mechanism into an effective tool of corporate governance.

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