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Tata vs Mistry: RoC Moves NCLAT to Implead in the Case

The Corporate Affairs Ministry moved the National Company Law Appellate Tribunal (NCLAT) seeking certain modification in its order in the Tata Sons matter. The Registrar of Companies (RoC) moved the NCLAT requesting to amend its order and remove the word ‘illegal’ with respect to the conversion of Tata Sons from a public company to a private company.
The petition filed by RoC was mentioned before NCLAT, which has directed to list the matter on January 2, 2020, for hearing. In its petition, RoC had asked ‘to carry out the requisite amendment in paragraphs,  of the judgement, dated 18 December 2019 to correctly reflect the conduct of RoC Mumbai as not being illegal and being as per the provisions of the Companies Act along with the rules.’
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 February 1, 1975, said by others.
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