Tata Sons v Cyrus Mistry : Live Updates From Supreme Court Hearing - Day 3
We have interpret what Section 241’s scope is which is prejudice and oppression, says Sundaram
The prejudice has come in from 241(1), he adds.
In this sense, the whole world is connected. The relief that you are seeking is only to the extent of oppression and mismanagement only within the 4 walls of Tata Sons, #CJI says
Tata Sons controls all these downstream companies to a great extent, says Sundaram
No by two persons of Tata Sons controlling them, #CJI
Tata sons in the investor and nothing wrong if they are controlling them, but Tata Motors doing so is not a good idea, says Sundaram
I am saying oppression of me (Cyrus and Sterlite) as a member of Tata Sons, says Sundaram
We have to tread carefully here, else there will be lose cannons, says #CJI
What is unfairness? Unfairness in matrimony can have another meaning. Unfairness in Politics can have another meaning, says #CJI
What does oppression mean? Does it mean an act which prejudices another side so that it causes monetary loss, #CJI says
It could mean any act which leads to loss of confidence in the manner in which company is being run, Sundaram says
ection 241 and 242 relevant here.
The twin test is what that the Companies Act laid down.
They are:
Whether the company's affairs have been conducted in a manner prejudicial or oppressive to any member or prejudicial to any member : Sundaram
If Tata Sons had a role to play how cos function, they had a role on managing board as well, Sundaram
I hope Mr. Cyrus is not party to any of the communications wrt operation of these companies. Mr. Salve said that he was party to many of these decisions, says #CJI
#CJI: We want you to give us a list of the decisions which you had taken after which the members said that the matters should not go to the board.