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.