(1) The following members of a company shall have the
right to apply under section 241, namely:—
(a) in the case of a company having a share capital, not less than one hundred members of the
company or not less than one-tenth of the total number of its members, whichever is less, or any
member or members holding not less than one-tenth of the issued share capital of the company,
subject to the condition that the applicant or applicants has or have paid all calls and other sums due
on his or their shares;
(b) in the case of a company not having a share capital, not less than one-fifth of the total number
of its members:
Provided that the Tribunal may, on an application made to it in this behalf, waive all or any of the
requirements specified in clause (a) or clause (b) so as to enable the members to apply under section 241.
Explanation.—For the purposes of this sub-section, where any share or shares are held by two or
more persons jointly, they shall be counted only as one member.
(2) Where any members of a company are entitled to make an application under subsection (1), any
one or more of them having obtained the consent in writing of the rest, may make the application on
behalf and for the benefit of all of them.