Supreme Court on Monday agreed to hear Cyrus Mistry’s plea seeking to expunge remarks against him in its 2021 verdict, which was in favour of Tata Group. Mr Mistry’s plea mentioned that the top court’s remarks in the judgment raised questions about his reputation and character.
The court said that it will hear the matter in 10 days. Tata Sons has opposed the plea.
Mr Mistry was represented by senior advocates Janak Dwarkadas and Shyam Diwan. Tata Sons was represented by senior advocates Harish Salve, Abhishek Manu Singhvi and a team of lawyers from Karanjawala & Co.
Senior advocate Janak Dwarkadas appeared for Mr Mistry and said, “This is an application to expunge certain remarks which affects my reputation, integrity and character.”
But senior advocate Harish Salve who was appearing for Tata Sons said, “We have serious objections to the maintainability (of this application).”
The Chief Jusice of India NV Ramana then adjourned the matter saying that he would hear the parties after 10 days.
Tata Sons Chairman Emeritus Ratan Tata had said the 2021 order validated the values and ethics that always guided the Tata group.
Mr Mistry had succeeded Ratan Tata as the Chairman of Tata Sons in 2012 but was ousted four years later.
The Shapoorji Pallonji Group had told the court that Mr Mistry’s removal as the chairman of Tata Sons at a board meeting held in October 2016 was akin to a “blood sport” and “ambush”, in complete violation of the principles of corporate governance and in pervasive violation of the Articles of Association in the process.
The Tata Group had vehemently opposed the allegations and denied any wrongdoing, saying the board was well within its right to remove Mr Mistry as the chairman.
In a separate development, the top court has agreed to hear in open court a review plea filed by Cyrus Investments Ltd against its order setting aside appellate tribunal NCLAT’s order which had restored Mr Mistry as the Executive Chairman of the Tata Group. The matter will be heard on March 9.
The National Company Law Appellate Tribunal had in December 2019 restored him as the Executive Chairman of Tata Sons. That order, challenged by the Tatas, was scrapped by the Supreme Court in March last year.