The House of Tata: Governance Challenges (B)

The House of Tata: Governance Challenges (B)

J Ramachandran, K S Manikandan, Savithran Ramesh

The two-part case, ‘The House of Tata: Governance Challenges’, is based on one of India’s oldest, renowned, and most internationalized business groups. The case provides an account of the evolution of the Tata Group with an emphasis on the developments in the last 30 years (the years following economic liberalization in 1991) and the legal tussle between Tata Sons (the Group’s parent company) and its minority shareholder (SP Group). The legal battle has been keenly watched for its potential ramifications on the evolution of corporate governance in India, a country marked by controlling ownership of corporations and concerns over protection of the interests of minority shareholders. Part B of the case begins with a section titled The Legal Battle detailing the ensuing legal battle between Tata Sons and Cyrus Mistry at the company law tribunals – the NCLT (National Company Law Tribunal and the NCLAT (National Company Law Appellate Tribunal). This section also captures the disagreement between Cyrus Mistry and Tata Trusts regarding the former’s performance as chairman, the role of the board and the role of the trusts in the governance of Tata Sons and Tata Group. The following two sections, The NCLT Order and The NCLAT Order, captures the salient aspects of the contrary rulings of NCLT (in favor of Tata Sons) and NCLAT (which supported the claims of Cyrus Mistry). The final section, Appeal to the Supreme Court, details the appeals filed with the Supreme Court of India, a new controversy between Tata Trusts and SP Group about the latter’s ability to pledge their shares in Tata Sons, a settlement proposal by SP Group, and the final verdict by the Supreme Court of India in the legal battle between the two set of parties.

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