Tatas instruct Karanjawala, SAM’s Shuva • Cyrus Mistry goes for Desai Diwanji

In potential Tata fight, Cyrus bets on Desai Diwanji, Tatas on Shuva & Karanjawala
In potential Tata fight, Cyrus bets on Desai Diwanji, Tatas on Shuva & Karanjawala

Tata Sons’ former chairman Cyrus Mistry, who was unexpectedly fired from the organisation on Monday, has reportedly decided to approach the Bombay high court challenging his dismissal, although we understand that no case has been filed yet.

We understand from three authoritative sources that two law firms have been instructed by Tata Sons to advise it on the matter, including the filing of caveats: Karanjawala & Co and Shardul Amarchand Mangaldas Mumbai partner Shuva Mandal, who had joined the firm from AZB & Partners.

AZB is understood to have previously acted for Mistry’s family firm, the Shapoorji Pallonji Group, which may have conflicted out of contention AZB, whose Mumbai managing partner Zia Mody is very close to the Tatas.

According to our sources, Desai & Diwanji partner Apurva Diwanji is acting for Cyrus Mistry, briefing senior counsel Iqbal Chagla and Janak Dwarkadas, as well as former J Sagar Associates (JSA) partner Somasekhar Sundaresan, who has left the firm to become an independent counsel.

Apurva Diwanji is understood to have attended the same school as Mistry.

Note: The Economic Times has just reported that Mandal is acting for Mistry but according to our sources that is not correct.

Update 17:10: We have triple checked and the ET report is definitely incorrect.

Bombay bar’s loyalties get tested

The Bombay bar is also heavily linked to the Tatas, with local stalwarts such as senior counsel Darius Khambata, for instance, being a trustee of the Tata Trust.

According to the Economic Times citing an anonymous source, the Tatas, “anticipating legal trouble”, took legal opinions from several lawyers, consulting Harish Salve and Abhishek Manu Singhvi:

As part of its due diligence, the group held legal consultations with former Supreme Court judge RV Raveendran, and senior advocates P Chidambaram and Mohan Parasaran, sources said.

Such wide instructions and consultations, often also described as so-called ‘negative retainers’, would have disqualified Salve and Singhvi from acting for Mistry, for instance.

According to the Times of India, Mistry - who is married to the daughter of Bombay high court senior advocate Iqbal Chagla - had lined up “former solicitor general Mohan Parasaran and senior advocate Virag Tulzapurkar” to challenge his dismissal.

All lawyers we contacted for comment on this story either declined to comment or were unreachable for comment.

The Times of India reported yesterday that Mistry would file a case against the Tatas in the Bombay high court, with a “senior lawyer close to Mistry” telling the paper: “We are getting ready to move the high court as soon as possible—could be Tuesday or Wednesday—against this illegal decision that violates strict provisions for such sacking under the Articles of Association.”

According to a report in TOI today, the Tata Group denied that any litigation had been filed but has filed caveats in the Supreme Court, Delhi high court and the National Company Tribunal so that it would be alerted to any petitions filed by Mistry, giving it a chance to respond if he was seeking an ex parte order.

Comments

CAMMIE 25 Oct 2016, 11:25
+1 -9
Tatas are also close to CAM!
Guest 25 Oct 2016, 14:59
+8 -2
When was the last time CAM got a mandate from Tata group, CAMMIE?
vantage 25 Oct 2016, 11:38
+7 -1
SAM don't file their own Vakalatnama in the Bombay HC, Ameya Gokhale does.
I believe majority of the litigation matters of Tata's have been handled by Mulla & Mulla!
Guest 25 Oct 2016, 12:36
+2 -2
Apparently Mistry has just moved before Kathawala. Get your pixie's talking, Kian!
Alias 25 Oct 2016, 13:44
+6 -1
Cyrus Mistry lined up Mohan Parasaran who gave an opinion to Tata Trusts on removal of Cyrus Mistry!?1?
At least read it once before posting the news guys!
Query 1 Nov 2016, 05:49
+1 -0
Kian what do you have to say about this? Or is everyone off for Diwali?
Gujju Mangaldas Lawyer 25 Oct 2016, 14:01
+1 -1
Iqbal Chagla is Cyrus's father in law.
Randomly 25 Oct 2016, 14:19
+1 -0
Should be National Company Law* Tribunal and not national company tribunal, in the last para
*_* 25 Oct 2016, 14:32
+2 -1
This sounds like something straight out of Suits!
Guest 25 Oct 2016, 14:38
+38 -2
directors appoint a chairman and they can remove the chairman. end of. he has not been removed as director, only as chairman. why does anyone need so many lawyers to explain such a simple concept?
Not so simple 26 Oct 2016, 01:41
+5 -2
If you had been arrested, for example, and the offence is a bailable one wrt which the law is fairly clear that you should get bail, would you get a junior lawyer to appear for you or would you get a Jethmalani (assuming you could afford a Jethmalani, of course)?

In other words, it's not the simplicity of the legal issues involved that is the key driver but the high-stakes nature of the dispute that determines choice of counsel.
true that! 26 Oct 2016, 06:56
+1 -2
In addition, when TATA appoints salve - someone with shaky knees cannot be appointed and vice versa.
Unknownsatan 25 Oct 2016, 16:18
+1 -1
whether Cyrus Mistry will initiate legal proceedings or not really depends on his nature & what sort of a character he is!! From what i hear from people close to him, he probably may not initiate any action.
Pugnacious 26 Oct 2016, 07:30
+4 -1
Yes, "character". You mean whether he is as aggressive and confrontational as Trump! Or whether he is wimp. Of course, irrespective of the merits of his case, a protracted legal war could do a lot of damage to the Tata name – esp if Mistry manages to paint himself as the underdog. But again, doesn’t he own 18.5% of Tata Sons? So, he would be spiting himself. And if he loses – then twice bitten!
HK lawyer 25 Oct 2016, 16:24
+6 -2
Zias Shuva for RnT and the Tata trusts. Whoa - that's a conquest and coup in itself. This thing has his signature all across.
Dantin 26 Oct 2016, 02:12
+2 -0
Wow! You know so much...
Gett 26 Oct 2016, 01:05
+3 -8
Sam undoubtedly numero uno!
the seeker 26 Oct 2016, 05:28
+3 -0
I think the Mistry's and the Tata's should get their lawyers from abroad to rule out an conflict.

The Bombay Bar seems to be intertwined and divided in itself.
Jagtap 31 Oct 2016, 15:37
+0 -0
Sir, aap mahaan hain.. seedhe abroad... mere gyaan-chakshu khul gae..
AD! 26 Oct 2016, 07:12
+5 -0
Way to go AD! Been quite clear for a while that there is only one real Partner at D&D of substance.......
@AD! 26 Oct 2016, 08:39
+2 -5
Of substance or with some good contacts?
Cravath 26 Oct 2016, 08:57
+11 -1
Contacts can get you through the door not beyond.
Guest 26 Oct 2016, 16:34
+2 -2
OH COME ON FELLAS.. WHATS THE BOG DEAL ABOUT IT? HAVE THEY BAGGED ANY MANDATE? HAVE THEY GOT ANY TRANSACTION DONE? SPECULATION! SPECULATION! SPECULATION! WONDER WHY ITS BEING REPORTED ALSO
Biacuit 27 Oct 2016, 04:37
+3 -1
Little strange why Zia stayed away. Can't be simply because of sharpoorji group. That group goes to many firms including SAM and CAM. Whereas Tata and AZB almost has an exclusive arrangement. Should we read more into Zia refusing to represent the Tatas?
Guest 27 Oct 2016, 17:40
+2 -0
Maybe zia had enough of this after amss
The Insider 1 Nov 2016, 02:33
+4 -1
Maybe Zia wasn't approached at all! Shuva is close to the guy who runs the trusts and he has taken away this mandate. Big one to bag.