Court That Heard Tata Case Has Often Had Its Rulings Changed

Six of the eight big cases decided in 2019 by the NCLAT have been reversed or modified by the Supreme Court of India.

(Bloomberg) -- An Indian appeals court that ordered the surprise reinstatement of Cyrus Mistry as chairman of the nation’s largest conglomerate, has seen most of its high-profile decisions this year modified by the Supreme Court.

Read more: Tata Ordered by Indian Court to Rehire Chairman It Fired

Six of the eight big cases decided in 2019 by the National Company Law Appellate Tribunal have been reversed or modified by the nation’s highest court, a larger proportion than previous years. This has decided the fate of several companies such as tycoon Anil Ambani’s Reliance Communications Ltd. and big-ticket insolvencies including that of Essar Steel India Ltd.

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CaseNCLAT OrderSupreme Court Order

Jaypee Infratech Ltd.

(insolvency)

Invite fresh bids for JaypeePut NCLAT order on hold, and allowed revised resolution plan only from two companies

Essar Steel

(insolvency)

Placed operational creditors on par with financial creditorsSaid the two kinds of creditors cannot be placed on par
Jignesh Shah caseAllowed winding up petition by IL&FS against Shah’s La-Fin Financial Services Ltd.Overturned NCLAT ruling. Said winding up petition was filed with delay

Amtek Auto Ltd.

(insolvency)

Ordered liquidation of companyOrdered fresh bidding for the company’s takeover
Reliance CommunicationsStayed insolvency against Reliance CommunicationsRuled that Ambani was in contempt of court and ordered him to pay up his dues, which he did

Swiss Ribbons

(insolvency)

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Upheld law barring promoters of bankrupt company from fresh bidding
Upheld law barring promoters of bankrupt company from fresh bidding

Pioneer Urban Land and Infrastructure Ltd.

(insolvency)

Held home buyers on par with financial creditorsUpheld home buyers as financial creditors

Ruchi Soya Industries Ltd.

(insolvency)

Ordered confidential documents can’t be shared with former founders who attended creditor meetingsAllowed critical documents such as resolution plans to be shared with former founders

Read a QuickTake on what’s behind the fight at India’s Tata Group

Tata Sons, in a statement following the unfavorable NCLAT verdict, said it “strongly believes in the strength of its case and will take appropriate legal recourse.”

©2019 Bloomberg L.P.

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