RoC Mumbai moves for amendment to NCLAT order in Tata-Mistry case

Rajesh Kurup Mumbai | Updated on December 23, 2019 Published on December 23, 2019


The Registrar of Companies (RoC) on Monday moved the National Company Law Appellate Tribunal (NCLAT) seeking an “impleadment” in the Tata-Mistry case and seeking amendments of the appellate tribunal’s last week’s order.

The RoC has sought amendments in the December 18, 2019 judgment to correctly reflect the conduct of RoC, Mumbai, as “not being illegal” and acted under the provisions of the Companies’ Act.

In its last week order, NCLAT has quashed the conversion of Tata Sons, the holding company of all Tata Group entities, into a private company from a public firm and had termed it "illegal". The NCLAT had observed in its ruling that RoC had “helped” Tata Sons, the respondent in the case filed before the appellate tribunal.

Earlier, RoC Mumbai had cleared the conversion from Tata Sons to a private company from a public firm, which came following the ouster of Cyrus Mistry as its executive chairman.

Seeking an “urgent listing”, it has also sought to delete the aspersions made regarding any “hurried help by RoC, Mumbai, to Tata Sons, except what was statutorily required.

The RoC said it came to know through news reports that “strictures has been passed against” RoC, Mumbai, in carrying out its statutory duties.

The application also stated that RoC was not a party in the Tata-Mistry case either before the appellate tribunal or the National Company Law Tribunal (NCLT).

Therefore, is seeking the strictures passed by the appellate tribunal against RoC Mumbai’s statutory actions are “unwarranted and against the principles of natural justice,” the prayer added.

RoC Mumbai said it received a letter from Tata Sons on July 19, 2018, wherein it made a request for issuance of a fresh certificate of incorporation. This was basis on the intimation to RoC that Tata Sons is now a private company as incorporated on November 8, 1917 and it continued to remain as a private company.

The RoC said it had acted in a "bonafide manner" while converting the status of Tata Sons.

In its order on December 18, NCLAT had directed Tata Sons to reinstate Mistry as Chairman of Tata Sons.

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Published on December 23, 2019
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