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Supreme Court agrees to hear Tata’s plea against NCLAT’s rejection of RoC’s modification application

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The Supreme Court on Friday issued notice in Tata Sons’ plea challenging the order of the National Company Law Appellate Tribunal dismissing the Registrar of Companies’ application for modification of its December 2019 judgment.

The company has assailed the NCLAT order on grounds of a non-speaking order. The NCLAT, as per the plea, is “sorely lacking” in reasoning.

While rejecting the plea to modify its judgment, NCLAT on January 6, 2020 had said that no aspersions were cast against the Registrar of Companies.

On December 18, 2019, the NCLAT had ruled against the conversion of Tata Sons to a private company, ordering reinstatement of Cyrus Mistry as the Executive Chairman. Supreme Court has, however, stayed the judgment, as the matter is in appeal.

Five days after the NCLAT order, the RoC had moved the tribunal to be impleaded as a party in the case and asked for the deletion of certain words by way of amendment to the judgment so as to “correctly reflect the conduct of the RoC Mumbai as not being illegal and being as per the provisions of the Companies Act.”

NCLAT in its order had termed the instatement of N. Chandrasekaran as executive chairman in Mistry’s place as “illegal” and the illegal conversion of the company as being “with the help of the RoC” against which the Registrar of Companies, functioning under the Ministry of Corporate Affairs, moved an urgent application on December 23, 2019, for its impleadment and for the requisite amendments to the tribunal’s order.

While NCLAT had restored Cyrus Mistry’s position for the rest of his tenure, the Supreme Court was informed that Mistry’s tenure ended in March 2017.

— India Legal Bureau



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