Criminal Breach of Trust in the Tata Case
On what ground has Tata Sons filed a case of criminal breach of trust against Cyrus Mistry? Will it be possible to sustain the allegation?
In the petition filed by Cyrus Mistry, for his reckless removal from the post of director, he attached documents which contained Confidential and Sensitive information, the board meeting minutes, business strategies, financial information pertaining to the business affairs of Tata Sons Ltd, Tata Group Companies and Joint ventures. In his capacity of a director, releasing such information is in complete violation of the confidentiality undertaking to Tata Sons, the fiduciary duties towards Tata Sons and his obligations under the Tata Code of Conduct. As of now only a legal notice is served to Cyrus Mistry, to cease and desist from sharing any such confidential information and ensure that any such information which is sought to be used in legal proceedings, any documents or parts thereof which are unrelated to the matters being agitated in such legal proceedings are suitably redacted.
However, if the matter reaches the court ,to nullify the charge, Mistry will have to prove that all the documents submitted by him along with the petition in the court, were necessary and essentially required.
Research by - Samya Gupta, Lawfarm
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