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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Agencies
May 26,2020

New Delhi, May 26: The in-fighting among the residents of housing societies over feeding of stray dogs is nowhere near ending, with yet another attack on a pregnant Russian woman again in the national capital region this time in Noida.

The Russian woman residing in a condominium in Noida's Sector 71 was allegedly attacked by two men for feeding foundling canines inside the complex.

"We have initiated an inquiry and a case has been registered against the men for voluntarily causing hurt and criminal intimidation," Amit Kumar Singh, Station House Officer of Phase 3 police station told IANS.

The police said that the victim is married to an Indian man and they live in that society.

The issue was raked up on social media by one of the residents of the society. Her post had even solicited a response and help from the Noida Police Commissioner.

Kaveri Rana Bharadwaj wrote, "Mob led by Vikas Sharma, and Mr. Chauhan beat up a pregnant woman in Jagriti Apartment, Sector 71 Noida. Request you to immediately arrest these men and provide security to the scared woman!"

When contacted, a member of the Resident Welfare Association (RWA) of the society said that the allegations levied by her are false and that he, along with a handful of other people, had only asked her not to feed the dogs.

Vikas Sharma divulged, "The woman was called at the society gate by the members of the RWA. When she was asked not to feed the street dogs, she became aggressive, started fighting with the residents of the society and even pushed a 70-year-old woman. The complaint that she registered against us is false. We did not even touch her."

He added that there are 70-80 street dogs in the society who have lately become extremely aggressive. "The lady was asked not to feed them as people feared stepping out of their houses and getting bitten."

In another incident on Tuesday, a Greater Noida man beat up a Chinese woman for allegedly fostering a stray dog which bit his canine.

Greater Noida District Commissioner of Police Rajesh Kumar Singh told IANS that the man named Amar Pratap Singh of ATS Paradiso misbehaved with the woman after his dog was bit by another dog who she used to feed every day.

The incident happened in the wee hours of the day when the accused took his dog out for a walk. "After his dog was bitten, in a fit of rage, he misbehaved with the Chinese woman." A Non-Cognizable Report (NCR) has been registered and no arrests have been made so far, the police said.

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News Network
June 19,2020

New Delhi, Jun 19: RJD and AAP were not invited to the all-party meeting called by Prime Minister Narendra Modi on Friday to discuss the situation at the India-China border after 20 Indian soldiers were killed in a "violent face-off," leaving the parties fuming.

Top RJD leader Tejashwi Yadav criticised the government for not inviting the party to the meeting, asking on Twitter late Thursday night, "Just wish to know the criteria for inviting political parties for tomorrow's (Friday's) all-party meet on Galwan Valley. I mean the grounds of inclusion/exclusion. Because our party hasn't received any message so far."

AAP's Rajya Sabha leader Sanjay Singh joined the chorus, "there is a strange ego-driven government at the centre. AAP has a government in Delhi and is the main opposition in Punjab. We have four MPs. But on a vital subject, AAP's views are not needed? The country is waiting for what the Prime Minister will say at the meeting."

Sources said the government has set a criteria to invite only parties with five or more MPs in Parliament for the digital meet, where the Prime Minister will brief the top leaders of parties and hear their views on the way ahead. There are at least 27 parties in the Parliament, which have less than five members, while 17 have more than five members or more than five MPs.

Interestingly, RJD has five MPs in Rajya Sabha and its senior MP Manoj K Jha shared the Rajya Sabha website link on Twitter, which showed the party has five MPs. "We have not been invited and the government's bogus argument has been exposed," Jha said.

CPI leaders said General Secretary D Raja received a call from Defence Minister Rajnath Singh inviting him to the meeting and with a message that the Prime Minister's Office would coordinate but there was no follow-up after that.

"Exclusion of AAP and RJD in the all-party meet on a National debate does not augment well. AAP is ruling Delhi and has its CM. Why should people of Delhi be kept out in such an important debate on National integrity and Sovereignty?" former NCP MP Majeed Memon tweeted.

During the all-party meeting on COVID-19 too, the government had not called all parties with representation in Parliament to the all-party meeting in April and had set five MPs as a benchmark to be invited.

Raja had then written a letter to Modi demanding that the government should not get into "technicalities" and discuss the issue with all parties in Parliament.

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News Network
May 24,2020

New Delhi, May 24: New rules for domestic travel during the lockdown were released by the government today, including advising passengers to download the Aarogya Setu application on their mobile devices and asking states to ensure thermal screening at departure point of airports, railway stations and bus terminals. The guidelines were shared by Civil Aviation Minister Hardeep Singh Puri, who also shared new rules for international travel.

The minister had recently said that international flight operations may start by mid-June or end-July if the COVID-19 virus "behaves in a predictable manner".

"Prescribed clinical protocol will be followed in case any domestic or international traveller shows symptoms of COVID-19. States can also develop their own protocol for quarantine and isolation as per their own assessment," Mr Puri said.

The guidelines come a day before the resumption of air travel after nearly two-months hiatus following lockdown to prevent the spread of coronavirus.

The Indian Railways has also issued a list of 100 pairs of trains that it will operate from June 1, putting in operation popular trains such as Durontos, Sampark Krantis, Jan Shatabdis and Poorva Express.

Dos and Don'ts shall be provided along with tickets to travellers by agencies concerned, said the Health Ministry's guidelines for domestic travel (air/train/inter-state bus travel).

Latest guidelines on domestic & international travel have been issued by @MoHFW_INDIA.

I hope travellers strictly follow these self-regulatory norms & strengthen India's hands in this fight against COVID19. Remember, each one of us is a soldier against the pandemic.@MoCA_GoIpic.twitter.com/xVbTG1K44n

— Hardeep Singh Puri (@HardeepSPuri) May 24, 2020
Travellers shall give 14-day quarantine undertaking before boarding

The states and Union Territories shall ensure that all passengers undergo thermal screening at the point of departure and only asymptomatic passengers are allowed to board the flight, train or bus. Asymptomatic passengers, however, will be permitted to travel after they give an undertaking to self-monitor for 14 days, the ministry said.

Those having moderate or severe symptoms will be admitted to dedicated COVID health facilities and managed accordingly, the guidelines said.

Those having mild symptoms will be given the option of home isolation or isolated in the COVID Care Centre (both public and private facilities) as appropriate and tested as per ICMR protocol, they said.

"If positive, they will continue in COVID Care Centre and will be managed as per clinical protocol. If negative, the passenger may be allowed to go home, isolate himself/herself and self-monitor his/her health for further 7 days," the health ministry said.

In case, any symptoms develop they shall inform the district surveillance officer or the state or the national call centre (1075), it said.

Use of face covers, following respiratory hygine during travel

During boarding and travel, all passengers shall use face covers or masks and will also follow hand hygiene, respiratory hygiene and maintain environmental hygiene, the ministry said in its guidelines.

At airports, railway stations and bus terminals, required measures to ensure social distancing shall be taken, the guidelines said.

Airports, railway stations and bus terminals to be regularly sanitised

Airports, railway stations and bus terminals should be regularly sanitised or disinfected and the availability of soaps and sanitisers shall be ensured, the health ministry said.

The ministry said that states can also develop their own protocol with regards to quarantine and isolation as per their assessment.

Guidelines for International Travel

The guidelines for international travel include mandatory undertaking for quarrantine for 14 days. "Only for exceptional and compelling reasons such as cases of human distress, pregnancy, death in family, serious illness and parent(s) accompanied by children below 10 yrs, as assessed by the receiving states, home quarantine may be permitted for international travellers for 14 days," the Civil Aviation minister said.

Asymptomatic travelers will be allowed to board flight/ship

At the time of boarding the flight or ship, only asymptomatic travellers will be allowed to board after thermal screening, the health ministry said.. Passengers arriving through land borders will also have to undergo the same procedure, it said.

"Self-declaration form in duplicate shall be filled by the person in the flight/ship and a copy of the same will be given to Health and immigration officials present at the airport/seaport/landport. The form will be made available through the Aarogya Setu app," the new order said.

Passengers found to be symtomatic during screening shall be immediately isolated and taken to medical facility as per health protocol. "These passengers will be kept under institutional quarrantine for a minimum period of 7 days and should undergo necessary tests as per ICMR protocol," the guidelines said.

Sanitisation and disinfection must inside flights

Authorities must take adequate measures to such as environmental sanitation and disinfection at the airports as well as within the flights, the guideline said.Suitable announcement about COVID-19 including precautionary measures to be followed shall be made at airports/ports, it added.

While on board flight, ships, passengers and crew required precautions such as wearing of masks, environmental hygiene, respiratory hygiene, hand hygiene, the ministry said.

This morning, India registered the biggest-single day jump in the number of coronavirus cases as 6,767 new patients were reported in the last 24 hours. This is the third consecutive day that India has reported more than 6,000 COVID-19 cases with a record number of new patients each day. The county has officially logged 1,31,868 cases, 3,867 deaths linked to the highly infectious illness since the pandemic began. Of these, 147 patients died in the last 24 hours. The global number of novel coronavirus cases has passed 5.25 million with more than 339,000 deaths. Since the outbreak first emerged in China in December, 5,260,970 cases have been recorded across 196 countries and territories, with 339,758 deaths attributed to the virus.

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