Lawstreet Journal

Tata Sons v Cyrus Mistry :"What is wrong in the head of family asking for information in a family run company?", Questions CJI [READ ORDER]

Lawstreet Journal 17 Dec 2020 10:41pm

Image courtesy: Lawstreet Journal Business Tata Sons v Cyrus Mistry :"What is wrong in the head of family asking for information in a family run company?", Questions CJI [READ ORDER]

The lawyers appearing in the case between Tata Sons Private Ltd and Cyrus Mistry in the Supreme Court expressed that they have no objection to the Chief Justice of India hearing the case merely because his son is appearing for a subsidiary of Shapoorji Pallonji Group in a case in Mumbai.

On the fourth day of the hearing, Senior Advocate Sundaram continued to refer to the Articles of Association of Tata Sons to argue that they were used to 'oppress' the minority shareholders. "Our experience of private companies is that there is a 'pater familias' figure acting like a head of family, asking for information from others." In lighter vein, the CJI continued, "This might be happening with the SPG group of companies too".

"What is wrong in the head of family asking for information in a family run company?", CJI asked. Sundaram submitted that Tata Sons is a company with thousands of shareholders. If the company was meant to be family run, it should have remained that way and should not have gone public, he added. The company cannot function in this fashion.

The problem is when they claim that they have absolute right to run the company under the Articles. "You cannot use the Articles in a manner where you say that you have an absolute right over the affairs", Sundaram continued. He argued that the the NCLAT can invoke powers under Sections 241 and 242 of the Companies Act 2013 only if it finds that there are just and equitable reasons to wind up the company. Mere differences of opinions between the minority… Continue Reading...


Tagged: Tata-Mistry  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.