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ARTICLE · 10 OCTOBER 2018

The Boardroom Battle

S&A Law Offices
S&A Law Offices
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S&A Law Offices

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Oppression and mismanagement are terms often chanced upon when company affairs are put to review.

IndiaCorporate/Commercial Law

INTRODUCTION

Oppression and mismanagement are terms often chanced upon when company affairs are put to review. Statutorily dealt within the provisions of the Companies Act, 20131, these terms denote a situation of boardroom conflict, a prejudicial approach in conducting the affairs of the company by the directors of the Board and stymieing of the views of minority shareholders.

This article discusses the decision dated 12.07.2018 passed by National Company Law Tribunal ('NCLT') in the case of Cyrus Investments Pvt. Ltd. v. Tata Sons Ltd. & Anr. and Ors. (in short 'NCLT Order')2. Cyrus Investments Pvt. Ltd. & Anr ('Petitioners') in this case were a class of minority shareholders in the Tata Sons company, comprising the companies Cyrus Investments and Sterling Investment Corporation (of the Shapoorji Pallonji Group of Companies) - headed by Mr. Cyrus Mistry, holding over 18% stake in the company.

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