Tata Sons sues Mistry for alleged breach of confidentiality

December 27, 2016

New Delhi, Dec 27: Tata Sons today slapped a legal notice on its ousted chairman Cyrus P Mistry for alleged breach of confidentiality by making public sensitive company documents including minutes of board meetings, financial information and data.mistry1

It termed attaching dozens of confidential and sensitive company documents with the petition filed by his family investment firms before the National Company Law Tribunal against his removal, as "reckless failure" in discharging of "fiduciary, legal and contractual duties" by Mistry.

Tata Sons in the notice served through law firm, Shardul Amarchand Mangaldas, said "without there being any requirement to do so" the Mistry family firms "deliberately included in petition, as exhibits, confidential data, business strategies, financial information pertaining to the business affairs of Tata Sons Ltd, Tata Group Companies and Joint ventures (all such material being 'Confidential & Sensitive Information')."

"By passing on Confidential & Sensitive Information accessed by you in your capacity as a Director of Tata Sons to companies owned and controlled by your family... you have acted in complete violation of your confidentiality undertaking to Tata Sons, your fiduciary duties towards Tata Sons and your obligations under the Tata Code of Conduct," it said.

Stating that it intends to exercise all legal rights and pursue all remedies available under law, the petition asked Mistry to "cease and desist" from sharing confidential and sensitive information.

Also, it wanted any document or parts which are unrelated to his petition before NCLT be suitably redacted.

Mistry's actions have exposed Tata Sons to potential claims from third parties for breach of confidentiality, the petition said adding Tata Sons will make him liable for all such claims.

It alleged that Mistry, who was unceremoniously ousted as Chairman of Tata Sons on October 24 and subsequently forced to resign as director from key operating companies, had not only breached his legal duties as a director but also acted recklessly with the sole intent to cause harm and loss to Tata Sons.

Terming Mistry's actions and omissions having resulting in a criminal breach of trust, the notice said making public confidential information was done with the sole intent to cause harm and loss to Tata Sons.

The petition said his actions and omissions by itself were act of mismanagement. "Such deliberate acts and omissions on your part, clearly establishes the fact that contrary to all your claims, you are no well-wisher of Tata Sons and the Tata Group Companies. The lack of JN Tata ethos in your conduct, which you espouse often, is obvious," it said.

Mistry last week moved the National Company Law Tribunal seeking restrain the family scion Ratan Tata, who was made interim chairman after his ouster, from attending board meetings and appoint an administrator to manage Tata Sons - the holding company of the USD 103 billion salt-to-software Group.

"Whilst, acting through the Petitioners (Mistry family investment firms), you (Mistry) may be agitating certain legal issues against Tata Sons and wanted to rely on certain documents, you acted in completed breach of all legal duties and obligations that you are subject to, when you caused the Petitioners to deliberately annex entire minutes of meetings of the Board of Directors of Tata Sons, without making any effort to instructing the Petitioners to redact portions of the minutes... which have no relevance or are wholly unrelated to the matters asserted in the petition," Tata Sons said.

The petitioners - Cyrus Investment Pvt Ltd and Sterling Investment Pvt Ltd - are companies owned and controlled by Mistry family and he had substantial shareholding in them, the petition said.

"By providing Confidential & Sensitive Information to the Petitioner and further, by failing to ensure that such Confidential & Sensitive Information which was unrelated to the Petition was not suitably redacted, you have failed in charge of your legal duties as a Director of Tata Sons which are imposed on you under law, including the Companies Act, 2013," it said.

Mistry deliberately used the Confidential and Sensitive Information entrusted with him "to cause wrongful loss" to Tata Sons and Tata Group companies, the petition alleged.

"Such reckless failure on your part in discharging your fiduciary, legal and contractual duties has caused irreparable harm and damage to Tata Sons and Tata Group," it said.

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News Network
May 18,2020

New Delhi, May 18: The nationwide tally of COVID-19 cases crossed one lakh on Monday with more people testing positive for the deadly virus in Maharashtra, Gujarat, Tamil Nadu and other states, even as a much-relaxed fourth phase of the lockdown began with restarting of market complexes, autos, taxis and inter-state buses in various parts of the country.

The death toll due to COVID-19 crossed the 3,000-mark too.

With an aim to reboot numerous locked down economic activities, authorities across the country ordered reopening of markets, intra-state transport services and even of barber shops and salons in some states, barring in containment zones.

However, schools, colleges, theatres, malls and religious gatherings are among those that would remain shut down, at least till May 31.

India has been under a lockdown since March 25, which was first supposed to be for 21 days or toll April 14, but was later extended till May 3, then further till May 17 and now for another two weeks till May 31.

However, a number of relaxations have been given in the current fourth phase, while states and union territories have also been granted significant flexibility for deciding the red, orange or green zones in terms of the quantum and severity of the virus spread.

In its morning 8 AM update, the Union Health Ministry put the total number of confirmed COVID-19 cases 96,169 and the death toll at 3,029.

It also said that 36,824 people have so far recovered from the infection.

However, a news agency tally of figures announced by different states and UTs as of 9.40 PM put the number of those having tested positive for the infection at 1,00,096, with a death toll of 3,078 and recoveries at 38,596 across the country.

Maharashtra topped the nationwide tally with over 35,000 confirmed cases and 1,249 deaths, followed by Tamil Nadu with 11,760 confirmed cases and 81 deaths.

Gujarat has also reported 11,746 confirmed cases, while its death toll is higher than that of Tamil Nadu at 694.

Delhi has also crossed the 10,000 mark in terms of the number of confirmed cases, while its death toll has now reached 160.

Gujarat, during the day, recorded 366 new COVID-19 cases and 35 deaths, including 31 from the worst-hit Ahmedabad, taking the state's case count to 11,746 and the number of fatalities to 694, a health department official said.

Maharashtra reported 2,033 new cases, taking the tally to 35,058.

This was the second consecutive day when the state has reported more than 2,000 COVID-19 cases.

Mumbai alone reported 1,185 fresh cases and 23 more deaths, taking the total count of the city to 21,152 and the fatalities to 757.

Of the 1,185 new cases, 300 samples were tested positive in private laboratories between May 12 and 16.

Kerala also saw 29 new cases -- all but one being returnees from overseas and other states --  raising concerns about the state witnessing a possible third wave of the dreaded virus infection.

The state was first to report the virus infection, but at least twice it has already been seen as having flattened the curve of the infection.

The nationwide count of confirmed infections incidentally crossed the crucial one-lakh mark on a day when the fourth phase of the nationwide lockdown kicked in with several relaxations for economic and public activities, barring in containment zones or areas identified as serious hotspots of the virus infection.

Revising its strategy for COVID-19 testing, ICMR also said on Monday that returnees and migrants who show symptoms for influenza-like illness will be tested for coronavirus infection within seven days of ailment and stressed that no emergency clinical procedure, including deliveries, should be delayed for lack of testing.

The Indian Council of Medical Research (ICMR) in its revised strategy for coronavirus testing in India also added that all hospitalised patients who develop symptoms for influenza-like illness (ILI) and frontline workers involved in containment and mitigation of COVID-19 having such signs will also be tested for coronavirus infection through RT-PCR test.

Besides, asymptomatic direct and high-risk contacts of a confirmed case are to be tested once between day five and day 10 of coming in contact, the new document stated.

Asymptomatic contacts of a confirmed case were being tested once between day five and day 14.

The Health Ministry also said that for every one lakh population, there are 7.1 coronavirus cases in India so far as against 60 globally.

It also said the recovery rate of coronavirus cases in India stood at 38.39 per cent.

Besides, India also joined nearly 120 countries at a crucial conference of the World Health Organisation in pushing for an impartial and comprehensive evaluation of the global response into the coronavirus crisis as well as to examine the origin of the deadly infection.

Since the first case of the deadly coronavirus was reported in China last December, more than 47 lakh people have tested for this virus across the world and over 3 lakh have lost their lives.

India is the 11th most affected country, while the US tops the chart with over 14.9 lakh confirmed cases so far.

China's official tally of confirmed infections is less than 84,000, while it has reported more than 4,600 deaths.

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News Network
March 31,2020

Srinagar, Mar 31: In order to prevent the spread of coronavirus, the Jammu and Kashmir administration on Tuesday declared 20 villages of Kashmir division as 'red zone'.
"20 villages including Parray Mohala Hajin, Chandergeer Hajin, Batagund Hajin in Bandipora district, Gudoora, Chandgam, Pinglena, Parigam, Abhama, Sangerwani and Khaigam in Pulwama district, Waskura in Ganderbal, Sedew, and Ramnagri in Shopian district have been declared as red zones," said Department of Information and Public Relations, J-K, in a tweet.

In Srinagar district, Mehjoor Nagar, Natipora, Lal Bazar, Eidgah and Shalteng villages have been declared as red zones.

"Chadoora in Budgam district of Kashmir division has also been declared as red zone," another tweet said.

The total number of COVID-19 cases in Jammu and Kashmir climbed to 49 after 11 more people tested positive in the Union Territory on Monday. While three of these cases were reported from Jammu region, eight were from the Kashmir division.

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News Network
January 28,2020

Panaji, Jan 28: Bureaucrat-turned-activist Kannan Gopinathan on Tuesday said even some "RSS people" are convinced the Citizenship Amendment Act is a bad law but are keeping quiet as the NDA government at the Centre is their own baby.

Speaking in Panaji, he further said the Narendra Modi government was behaving like a "drunken teenager" which needs to be questioned or else it will end up destroying homes.

"I was detained twice in UP, kept the whole day, because they (government) do not want the questioning (of CAA). I have met so many RSS people, they also understand this...if you have this conversation, they also understand the government has done something (wrong) and they have been asked to support it," he claimed.

He said the line of thought among these RSS people (he met) was "just support it (CAA)" as they don't want an altercation because the "government is their baby".

"He (government) is not a normal baby, he is a drunken teenager. He should be asked questions because when he starts destroying, he does not destroy somebody else's home but your own home," Gopinathan said.

He also hit out at those who have been claiming that the people protesting against the CAA are unaware about the law and have not even read it.

Gopinathan claimed if one had asked supportive MPs about the CAA on the day it was passed in Parliament, several of them would not have been able to speak on it as "they would not have known what was passed, because they were not given time (to go through the bill)".

He said, earlier, such legislation was passed after several rounds of consultation but "now, by night, it becomes an Act", adding (now) "everything is a surgical strike".

Gopinathan, in a possible reference to the National Register of Citizens exercise carried out in Assam, also claimed "thousands of people are in detention centres".

"It is your fundamental right to peacefully assemble without arms, Article 19 (1) (D) (of the Constitution)," he said at a function organised by a group opposed to CAA.

Gopinathan said people "always felt they were in a democracy" because they never tried to fly, when in reality "you are in a cage".

"The moment you want to fly you realise you are in a cage," he said, adding that "we have to question, we have to ask ourselves where are we going".

"When you don't allow a person to speak against an incorrect legislation, then what is democracy? What is freedom of expression?" Gopinathan questioned.

Gopinathan, a 2012 batch AGMUT cadre Indian Administrative Service officer, was the secretary, Power Department of the Union Territories of Daman and Diu, and Dadra and Nagar Haveli when he resigned on August 21 last year.

At the time, he had claimed the people of Jammu and Kashmir were being denied freedom of expression following abrogation of Article 370 by the Centre.

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