The Supreme Court of India’s verdict in the Tata-Mistry case: the good, the bad and the unspoken

Kirthana Singh
Khurana,

Assistant Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India

Best Citation – Kirthana Singh Khurana, The Supreme Court of India’s verdict in the Tata-Mistry case: the good, the bad and the unspoken, 1 ILE IPCLR 35, 2022

Abstract

One of the most intense corporate battles that India has witnessed in recent times has been that between Tata Sons Private Limited and its former executive chairman, Mr. Cyrus Mistry. The Supreme Court of India, in its ruling in the case of Tata Consultancy Services Limited v. Cyrus Investments Private Limited, shed light on many important issues relating to oppression and mismanagement, directors’ duties, the National Company Law Tribunal’s jurisdiction and the scope of its powers under the Companies Act, 2013. The paper examines the legal position relating to oppression, mismanagement, and affirmative voting rights in India. Additionally, the factual background of the case, along with the claims of Shapoorji Pallonji Group, to which Mr. Cyrus Mistry belongs, and Tata Sons Private Limited are amply discussed. The author argues that while the ruling provided clarification on numerous legal matters, there were several issues that it failed to address or did not address adequately.

Keywords: company law, corporate governance, oppression, duties of directors, Tata-Mistry