Dr. Bais Surgical And Medical Institute Pvt. Ltd. v. Dhananjay Pande : Formal entry in a company’s register is not an absolute prerequisite for a person to seek oppression relief.

Order date: 04th May,2026

The Supreme Court held that formal entry in a Company's Register of Members is not an absolute prerequisite for a person to be considered a "Member of the Company" when seeking relief against Oppression and Mismanagement.

The Supreme Court of India, in its judgment addressed a critical question regarding the definition of a "Member" of a Company under the Companies Act, 1956. it clarified that in specific equitable contexts such as petitions for “oppression and mismanagement”—the status of an investor as a "Member" can be recognized even in the absence of a formal entry in the Register of Members.

The judgment examined the interplay between two distinct provisions of the Companies Act, 1956:

• Section 2(27): Provides a broad, inclusive definition of "member".
• Section 41: Outlines the formal procedural requirements for becoming a member, such as agreeing in writing and having one's name entered in the register of members.