Tata vs Mistry: NCLAT dismisses RoC plea

“There is no ground to amend judgement dated December 18, 2019,” a two-member NCLAT bench said. On December 18, the tribunal ruled reinstating Cyrus Mistry as the Executive Chairman of Tata Group and also termed conversion of Tata Sons from a public company to a private one by the RoC as “illegal.”

Tata Sons, Chairman Emeritus Ratan Tata and TCS have separately moved the Supreme Court against the NCLAT order.

In its plea, RoC – under the corporate affairs ministry – had sought to be impleaded as a party in the two petitions and deletion of words “illegal” and “with the help of the RoC” used by the NCLAT in its 172-page judgement. RoC, which functions under the Ministry of Corporate Affairs, had sought to be impleaded as a party in the two petitions and deletion of words “illegal” and “with the help of the RoC” used by the NCLAT in its judgement.

The tribunal had termed the appointment of N Chandrasekaran, as ‘illegal’ following the October 2016 sacking of Mistry as Tata Sons’ executive chairman. It had also directed the RoC to reverse Tata Sons’ status from a ‘private company’ to a ‘public company’.

In its urgent application, which was mentioned on December 23, just five days after the NCLAT’s December 18, judgement, RoC Mumbai had asked the appellate tribunal “to carry out requisite amendments” in Para 186 and 187 (iv) of its judgement “to correctly reflect the conduct of the RoC, Mumbai as not being illegal and being as per the provisions of the Companies Act”.