After NCLT setback, Cyrus Mistry's plea to be heard by NCLAT tomorrow

The NCLAT has said that it will hear  Cyrus Mistry's appeal on the NCLT order in his case against Tata Sons on Wednesday as the counsel for the conglomerate was not present on Tuesday to put forth his arguments before the bench.

Mistry had approached the National Company Law Appellate Tribunal (NCLAT) last week against the NCLT dismissing his plea challenging his removal as chairman of Tata Sons.

The two-member NCLAT has listed the matter for Wednesday.

On July 9, the National Company Law Tribunal (NCLT) Mumbai had dismissed Mistry's pleas challenging his removal as Tata Sons chairman as also the allegations of rampant misconduct on part of Ratan Tata and the company's Board.

A special bench of the tribunal held that the Board of Directors at Tata Sons was "competent" to remove the executive chairperson of the company.

NCLT bench members B S V Prakash Kumar and V Nallasenapathy said that Mistry was ousted as chairman because the Tata Sons' Board and its majority shareholders had "lost confidence in him".
 

Under the Companies Act 2013, an order of NCLT can be challenged before the NCLAT.

Mistry, who was the sixth chairman of Tata Sons, was ousted from the position in October 2016. He had taken over as the chairman in 2012 after Ratan Tata announced his retirement.

Two months after his removal, Mistry's family-run firms Cyrus Investments Pvt Ltd and Sterling Investments Corp approached the NCLT as minority shareholders, against Tata Sons, Ratan Tata, and some other board members.

Mistry in his pleas primarily argued that his removal was not in accordance with the Companies Act and that there was rampant mismanagement of affairs across Tata Sons.

He also alleged that Tata Trust chairperson Ratan Tata and trustee N Soonawala interfered with the day-to-day operations of the group companies, they acted as shadow directors, and all of the above caused massive revenue loss for the group.

The Tata Group had denied all charges and said Mistry was removed because the Board had lost confidence in him.