Tata Sons v Cyrus Mistry : Live Updates From Supreme Court Hearing -Day 2

Sr. Adv. Aryama Sundaram informs the Bench that there exists a provision for tribunals to take evidence.

Salve responds that Tribunals mostly run on Affidavits.

CJI: We recommend you to read this book called “Courts of India” - a published book by the Supreme Court which contains reference to ancient law of pleadings.

“Nowadays, you tend to mould the relief by moulding the pleadings”.

Salve: I got pulled up during a hearing when I used the term as “mofussil pleadings” and Justice Verma said that Jabalpur was not Mofussil.

CJI: We want you to cite a case on the word “technical”. You can’t dismiss anything on technicality. What is that ?

CJI: We want you to do some research on some allied points. Technical is used to marginalise pleadings. We think it arises from the word “technique”. If you don’t adhere to the technique, then it will be get dismissed and you say it was dismissed on technical issues.

[COURTROOM EXCHANGE]

Salve notes that due to PILs, pleadings have been done away with.

CJI responds that the drafting of such petitions is terrible.

In a lighter vein, he states that CPC now stands for “Cut-Paste-Copy”. 

Salve: Earlier there was no need to show why the company was being mismanaged. Now, you have to satisfy 242.

CJI: You are very modestly saying that I’m not quibbling for that. But, these aren’t battles of quibbling, but these things matter a lot. Pleadings matter.

Salve: What the NCLT has done is that they’ve done away with the form. They have not given any details.

CJI: Rule 1 ?

Salve: Form 1. 

Bench has reassembled and matter has resumed.

Senior Advocate Harish Salve answers questions asked by the Bench before lunch. 

Bench has risen for lunch. Matter will resume at 2PM.

CJI: You are making a nice argument. But, who has come to Court saying that Tata should be winded up ? The Court should see on evidence that the matter is so serious that it can lead to winding up under the just and equitable clause.