Case and technical notes on corporate governance

Abstract

In March 2021, the Supreme Court of India passed a judgement on the dispute between Tata Sons and the Shapoorji Pallonji Group regarding oppression of the latter as minority shareholders, including the firing the Cyrus Mistry as Chairman of Tata Sons. The Supreme Court ruling reconciled the two contradictory views adopted by the two company law tribunals (NCLT and NCLAT) on the dispute and opined on important questions of corporate governance in India. We have already published a case on the Tata Group that allows a discussion on the challenges of managing business group and models of corporate governance that have enabled the two company law tribunals to arrive at conflicting judgements. We seek to write a follow-on case(s) that allows for a discussion on the view adopted by the Supreme Court in the governance debate. The case has relevance in determining the foundation of a corporation and rights of shareholders.