Hindustan Times (Gurugram)

TATAS SUE MISTRY FOR BREACH OF CONFIDENTI­ALITY

- HT Correspond­ent letters@hindustant­imes.com

MUMBAI: Tata Sons sent a legal notice on Tuesday to ousted Tata group chairman Cyrus Mistry and family investment companies for alleged breach of confidenti­ality for “making public” sensitive corporate documents.

The notice alleged that the former chairman’s actions were equivalent of a criminal breach of trust.

The office of Mistry did not formally respond, but sources close to him said an appropriat­e reply has been sent.

Mistry had moved the National Company Law Tribunal through his investment companies, alleging oppression and mismanagem­ent by Tata Sons. He did that after stepping down from the boards of the group’s listed companies ahead of crucial meetings that we reconvened to vote him out.

The investment companies of the Shapoorji Pallonji family, to which Mistry belongs, had filed the petition. The tribunal denied interim relief and scheduled the next hearing for January.

MUMBAI: Tata Sons on Tuesday served a legal notice on ousted Tata Group chairman Cyrus Mistry and family investment companies for alleged breach of confidenti­ality in making public, sensitive corporate documents, and sought immediate action to address the issue.

The notice issued by Shardul Amarchand Mangaldas has asked Mistry and the investment companies, Cyrus Investment and Sterling Investment, to stop using the confidenti­al documents in a petition they had filed earlier with the National Company Law Tribunal (NCLT).

Although Mistry’s office did not formally respond, sources close to him said they were fully compliant with all legal requiremen­ts .“An appropriat­e response has been sent. Only those afraid of the facts would seek to suppress facts,” they added.

“The petitioner­s (Cyrus Investment and Sterling) have deliberate­ly included in the petition… confidenti­al data, business strategies, financial informatio­n pertaining to the business affairs of Tata Sons, Tata Group companies and joint ventures… while acting through the petitioner­s, you (Mistry) acted in complete breach of all legal duties and obligation­s…” according to the notice.

The investment companies of the Shapoorji Pallonji family, to which Mistry belongs, had filed the petition with the Tribunal, alleging oppression and mismanagem­ent by Tata Sons. Mistry led the move to petition the Tribunal following his decision on October 19 to step down from the boards of all listed companies of the group.

The NCLT denied interim relief for the petition filed on behalf of Mistry, and scheduled the next hearing for January.

Advocates representi­ng the ousted chairman said Mistry was targeted and removed as he wanted to investigat­e malpractic­es within the Tata Group, in line with the charges he has been making, specially those related to violation of governance norms and in awarding of contracts in specific group companies.

In the notice, Tata Sons, through its advocates, said that by passing on sensitive informatio­n in the petition, which would appear in the public domain, the Tata Group is now exposed to “potential claims from third parties…Our client has every intention to make you liable for such claims. “Such reckless failure on your part in dischargin­g your fiduciary, legal and contractua­l duties has caused irreparabl­e harm and damage to Tata Sons and the Tata Group,” it added.

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 ?? AFP PHOTO ?? Ratan Tata and Cyrus Mistry in happier times
AFP PHOTO Ratan Tata and Cyrus Mistry in happier times

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