A bench of Chief Justice S A Bobde and Justices B R Gavai and Surya Kant agreed to hear Tata Sons' plea challenging the National Company Law Appellate Tribunal (NCLAT) decision
The National Company Law Appellate Tribunal's latest judgment on the RoC application in the Tata-Mistry case has made the fight interesting on many counts
According to a copy of the draft appeal submitted by the holding company in the apex court, there are "no cogent reasons" assigned for the conclusions arrived at in the "Impugned Judgment."
In a major development, the NCLAT had restored Mistry as executive chairman of Tata Sons and ruled that appointment of N Chandrasekaran as the head was illega
Such persons will also not be eligible to enter into any settlement or arrangement with the creditors of the insolvent company under Section 230 of the Companies Act, the IBBI has clarified
The apex court website on Tuesday showed the plea to be listed before a three-judge bench comprising Chief Justice S A Bobde and Justices B R Gavai and Surya Kant
SC will hear the petition filed by Tata Sons on January 10
In its order dated December 18, the NCLAT had said Tata Sons had hurriedly changed its status to private company from public 'with the help of the Registrar of Companies'
A lawyer associated with the matter had said earlier that the appeal against the NCALT decision would be mentioned for early listing on reopening of the apex court after the winter break
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From 161 resolved cases, the realisable amount stands at over Rs 1.6 trn
Ratan Tata has also filed a petition in the Supreme Court appealing it to set aside the NCLAT order which restored former Tata group chairman, Cyrus Mistry as Executive Chairman
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NCLAT adjourned the hearing till tomorrow and has sought clarification from RoC on what constitutes a private company
In restoring Cyrus Mistry, NCLAT failed to consider the implications of the order, Tata Sons said in their appeal
The Tata Trusts holds 66 per cent stake in Tata Sons - the holding company of Tata Group companies - and Ratan Tata is the chairman of the Trusts
The hearing of Registrar of Companies' plea, seeking modifications in National Company Law Appellate Tribunal's (NCLAT) judgement in which Cyrus Mistry was reinstated as the executive chairman of Tata Sons, has been adjourned till Friday. A two-member bench headed by Chairman Justice S J Mukhopadhaya asked the Ministry of Corporate Affairs to submit details of the definition of private and public companies under the rules of the Companies Act. The bench has also asked for clarification on the paid up capital requirement for the same. Meanwhile, the counsel appearing for Tata Sons informed the appellate tribunal that the company has moved the Supreme Court against its order passed on December 18. However, the petition is yet to be listed, the counsel added. In its plea, the Registrar of Companies (RoC), which functions under the Ministry of Corporate Affairs, has also sought to be impleaded as a party in the two petitions and deletion of the words "illegal" and "with the help of th
NCLAT judgment raises several questions
The NCLT had used words in remarks which includes "heart burn", "settle their score", "prejudicial to the interest of the company", "sovereign authority", "his way is highway" etc in its order.
Mistry and his team are reviewing the legal situation