Comparative analysis of NCLT & NCLAT orders in the Tata-Mistry case

Mishra, Utkarsh (2020) Comparative analysis of NCLT & NCLAT orders in the Tata-Mistry case. Tax Guru.

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Oppression and Mismanagement is envisaged in Section 241 of the Companies Act, 2013 and allows the petitioners i.e. the minority shareholders to file a suit if they believe the affairs of the company are conducted in a manner prejudicial and/or oppressive to themselves, to the interests of the company or to the public. Through a similar suit, Ratan Tata and Cyrus Mistry with their respective firms have been fighting for several years now. Here in this paper we analyze and compare the two major judgments ruled out in this case. The two relevant judgments are that of the Mumbai bench of National Company Law Tribunal and the National Company Law Appellate Tribunal, where both have given contrasting findings with respect to each and every issue. The issues taken up to draw a comparative study are oppression of the former Executive Chairman of Tata Sons - Cyrus Mistry, oppression of minority shareholders of Tata Sons - Shapoorji Pallonji Group, controversial conversion of Tata Sons from public to private company, status of Tata Sons as quasi-partnership and mismanagement of Tata Sons. The matter is now listed before the Hon'ble Supreme Court of India, which will give out its final ruling sometime this year.

Item Type: Article
Keywords: Ratan Tata | Cyrus Mistry | Tata Sons | Shapoorji Pallonji Group | Oppression | Mismanagement | NCLAT
Subjects: Social Sciences and humanities > Economics, Econometrics and Finance > Economics
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 01 Apr 2022 11:50
Last Modified: 01 Apr 2022 11:50
Official URL:


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