ValkyaEditorial

Tagged “tata-mistry”

1 article on tata-mistry.

Landmark JudgmentSupreme Court of India

Tata Sons v. Cyrus Mistry: the oppression-and-mismanagement standard reset and the Articles-versus-Act interface

On 26 March 2021, a three-judge Bench of the Supreme Court set aside the NCLAT's reinstatement of Cyrus Mistry as Executive Chairman of Tata Sons and read down its order recasting Article 75 of the Tata Sons Articles of Association. The judgment delivers two doctrinal resets: a removal from the Board — even of a director nominated by a significant minority shareholder — does not by itself amount to oppression under Sections 241 and 242 of the Companies Act, 2013; and Articles of Association are not per se invalid merely because they confer powers that could potentially be exercised oppressively. The challenge, the Court held, must be to the exercise of the power, not to its existence.

Valkya Editorial··13 min