On 2 January 2020, Tata sons moved to the Supreme court against the order passed by the NCLAT, reinstating Cyrus Mistry as the executive chairman. Reportedly, they have also challenged the declaration of N Chandrasekhar‚Äôs appointment as illegal.
The National Company Law Appellate Tribunal (NCLAT) through its order dated 18 December 2019, reinstated Cyrus Mistry as the Executive Chairman of Tata Sons and further deemed the conversion of Tata Sons from the public to a private company to be illegal.
In 2012, Mistry took over as a Chairman after the retirement of Ratan Tata. He was subsequently, removed as Chairman of Tata Sons in October 2016. Mistry challenged his removal in the National Company Law Tribunal (NCLT). He filed the case of oppression and mismanagement against Tata Sons and 20 others, which were dismissed by the NCLT in March 2017. However, Mistry appealed the NCLT‚Äôs order in NCLAT (National Company Law Appellant Tribunal), and secured a partial win. The NCLAT waived the 10 percent shareholding requirement but remitted the matter to the NCLT.
Further, in July 2018, the NCLT rejected Mistry’s petition to reinstate him and found no merit in his allegations of operational mismanagement and oppression of minority shareholders. On an appeal to NCLAT, it0 restored Mistry as executive chairman of the company and ruled the appointment of N Chandrashekaran as executive chairman of Tata Sons illegal in December 2019.
Tata Sons sought a stay on the complete NCLAT‚Äôs order till its appeal is decided given the TCS board meeting on January 9. The matter has been sought for an urgent hearing on January 6.