Tata-Mistry case: Bombay HC says can’t hear suit by minority shareholders on damages

In December 2016, Justice S J Kathawalla had passed an order permitting the suit to be filed in a representative capacity

By: Express News Service | Mumbai | Published:July 11, 2017 2:48 am
Bombay High Court. (File Photo)

The Bombay High Court on Monday revoked its earlier order saying that it cannot hear a suit filed by minority shareholders of the Tata group seeking Rs 41,000 crore in damages as a representative suit on behalf of all non-promoter shareholders. The suit, filed by shareholders Pramod Shah and five others, challenged Cyrus Mistry’s removal as chairman of the Tata group, terming it “illegal, motivated and malafide”.

In December 2016, Justice S J Kathawalla had passed an order permitting the suit to be filed in a representative capacity. The permission was however revoked by Justice S C Gupte, on Monday who said that a suit filed by few minority shareholders cannot be treated as a representative suit on behalf of all the non-promoter shareholders. The shareholders had demanded over Rs 41,000 crore in damages for themselves and other non-promoter shareholders of the listed group companies for “losses suffered as a result”.

The damages sought were for losses due to a drop in the share prices of eight Tata group companies since market closing on October 24, 2016, when Mistry was ousted, to December 6, 2016. Shah and the other appellants filed an application along with the suit seeking permission under order 1, rule 8 of the Civil Procedure Code, a provision that says that one or more persons may, with the permission of court, sue or defend on behalf of all interested individuals.

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