mistry:  Expunge defamatory remarks in 2021 Tata judgment, Mistry tells SC - Times of India

mistry: Expunge defamatory remarks in 2021 Tata judgment, Mistry tells SC – Times of India

[ad_1]

NEW DELHI: New Delhi: Days after agreeing for an open court hearing on SP group’s plea for review of the March 2021 verdict favouring Tata group, Cyrus Pallonji Mistry on Monday requested the Supreme Court to expunge certain remarks in the judgment which affected his reputation.
Mistry’s removal as Executive Chairman of Tata Sons followed by his exit from the salt to software conglomerate in 2016 had sparked a war of words followed by a festering litigation and war of words between the friend turned foe in Tata group and Shapoorji Pallonji Group, which had ended with the SC delivering a crushing blow to SP group by rejecting all their contentions.
Appearing for Mistry, senior advocate Janak Dwaraka Das told a bench of Chief Justice N V Ramana and Justices A S Bopanna and Hima Kohli that the “unwarranted remarks” should be expunged as these affected his client’s “integrity, character and reputation”.
When the bench was inclined to issue notice on Mistry’s application, senior advocates Harish Salve and A M Singhvi, appearing for the Tata group, opposed the entertaining the plea by the court on the ground that there were “serious objections to maintainability of Mistry’s plea”, which has been made nearly a year after the March 26, 2021 judgment.
The bench refused to get drawn into diffused attempts to scratch open an old wound that continues to strain the relationship between Tata Group and SP group. CJI Ramana said the court would hear this application after 10 daysalong with the SP group’s review petition.
Mistry has sought expunction of following remarks in the judgment authored by a 3-judge bench headed by then CJI S A Bobde:
* Mistry was first removed from the post of Executive Chairman of tata Sons, but not from the Directorship, by the resolution of the Board dated October 24, 2016. This acted as a trigger point for Mistry to launch an offensive.
* …In fact it may be conceded today by Tata Sons that one important decision that the Board took on March 16, 2012 (to induct Mistry) certainly turned out to be a wrong decision of a lifetime.
* The subsequent conduct on the part of Mistry in leaking his mail dated October 25, 2016 to the press and sending replies to the Income Tax Authorities enclosing four box files, even while continuing as a Director, justified his removal even from the Directorship of Tata Sons and other group companies.
* A person who tries to set his own house on fire for not getting what he perceives as legitimately die to him, does not deserve to continue as part of any decision making body (not just the Board of a company)
* It is perhaps this realisation that made the complainant (SP Group) companies give up their original prayer of restraining the company from removing Mistry and singing a different tune seeking proportionate representation (for SP Group) on the (Tata Sons) Board.
* …But Mistry himself invited trouble, by declaring an all out war, which led to his removal from Directorship.
* By his own subsequent conduct, Mistry unfortunately enhanced the firepower of the management of Tata Sons, with regard to their claim relating to lack of confidence and trust.
*Thus the relief of reinstatement granted by the Tribunal (NCLAT), was too big a pill even for the complainant companies (and perhaps Mistry) to swallow.
*Mistry continued as Executive Chairman till he set his own house on fire in 2016.



[ad_2]

Source link

Leave a Comment

Your email address will not be published.