NCLAT Seeks Explanation From Registrar Of Companies On Permitting Tata Sons To Convert Into Private Company

The National Company Law Appellate Tribunal (NCALT) on Thursday (2 January) asked the Registrar of Companies (RoC) to explain the rationale behind allowing Tata Sons to convert into a private company.

A two-member bench headed by NCLAT Chairman Justice S J Mukhopadhaya also sought an explanation on the due process for allowing the conversion from public to a private company. It would next hear the matter on Friday, 3 January.

The appellate tribunal sought details on the paid-up capital requirement.

The RoC under the Corporate Affairs Ministry had on 23 December moved the NCLAT seeking modification in its order in the Tata Sons matter where it wants removal of the word "illegal" with respect to conversion of Tata Sons from a public company to private company which was done after the government body's approval.

After Cyrus Mistry was sacked, Tata Sons had received its shareholders' nod in September 2017 to convert itself into a private limited company from a public limited company, where there would be no need to take shareholders' consent in taking crucial decisions, which could be passed with the board's approval.

Tata Sons Ltd was initially a 'private company' but after insertion of Section 43A (1A) in the Companies Act, 1956 on the basis of average annual turnover, it assumed the character of a deemed 'Public Company' with effect from 1 February, 1975, the order said.

In another development on Thursday, Tata Sons moved the Supreme Court against re-appointment of Mistry as the company's Chairman.

The company has challenged the complete order of the National Company Law Appellate Tribunal (NCLAT), pronounced on 18 December, restoring Mistry as executive Chairman and also his immediate reinstatement as director of Tata Sons and three group companies.

The petition seeks a stay on the NCLAT order in the wake of the TCS Board Meeting slated for 9 January.

(With inputs from IANS)