Cyrus Mistry's firm accuses Tata Sons of withholding pivotal information from Supreme Court

The ongoing battle between Cyrus Mistry and Tata Sons emerged after the former was removed from the position of chairman of the Tata Group

In an affidavit to the Supreme Court, Cyrus Investments has accused Tata Sons of withholding essential information from the apex court, as reported by Business Standard.

They demanded that the entire board of Tata group be censured for this alleged misdemeanor.

“According to law, any litigant who approaches court is bound to produce all documents executed by him and relevant to the litigation. If he withholds a vital document in order to gain advantage, he will be guilty of playing fraud on the court as well as on the opposite party. On account of the sheer falsity of these assertions, this court should not only declare the conversion into a private company to be illegal, but also censure the board of Tata Sons for its conduct,” read the statement representative of the Mistry side.

According to claims made by Mistry’s team, Tata Sons, despite being a public limited company, had the word “private” handwritten into its name by the Registrar of Companies (RoC), and uploaded at the night of August 8, 2018.

They allege that this was right before the National Company Law Appellate Tribunal (NCLAT) was to start hearing Mistry’s appeal against the National Company Law Tribunal Mumbai (NCLT) order, which had been in favour of the Tata group.

Mistry also accused Tata Sons of not disclosing to the courts, shareholders, and Registrar of Companies, the fact that it accepted public deposits till 2002.

According to the then-prevailing law, public deposits could not be accepted by a private company.

According to the Mistry’s side, Tata Sons deemed itself a public company in its listings with the RoC.

The differences between Cyrus Mistry and Tata Sons began to emerge when the former was removed from the position of Chairman in 2016, along with being given the option to voluntarily resign as well.

After being removed, Mistry appealed to the NCLT. The judgement was in favour of Tata Sons, however, he further appealed to the NCLAT which reinstated Mistry as chairperson of the Tata group. This decision was appealed at the Supreme Court by the Tata group. At the apex court, a three-judge bench stayed the NCLAT order.

Petitions would be heard from the Tata Group and the Mistry family next month.