(N.V. Ramana, A.S. Bopanna and V. Ramasubramanian, JJ.)
M.A. No. 849 of 2021 In Civil Appeal Nos. 440-441 of 2020, decided on May 19, 2022
Tata Consultancy Services Ltd. ________________________ Appellant;
v.
Cyrus Investments Pvt. Ltd. and Others ______________ Respondent(s).
M.A. No. 849 of 2021 and Civil Appeal Nos. 440-441 of 2020
The Order of the court was delivered by
Order
1. This application is taken out by Shri Cyrus Pallonji Mistry, who was one of the co-respondents in the batch of appeals, allowed by this Court by a Judgment dated 26.03.2021. The relief sought in this application is to expunge/delete certain remarks found in the Judgment and highlighted in paragraph 3 of the above Miscellaneous Application.
2. We have heard Shri Somasekhar Sundaresan, learned counsel appearing for the applicant and Shri Harish Salve and Dr. Abhishek Manu Singhvi, learned senior counsel appearing for the respondents/appellants in the above appeals.
3. At the outset, the learned counsel for the applicant agreed to withdraw two of the grounds raised in this application, one in paragraph 4. II.e and another in paragraph 4. II.l.
4. After considering the facts and circumstances pleaded by the applicant and taking into account his career, we, out of grace, direct the deletion of the following remarks/observations found in the Judgment dated 26.03.2021:
(i) The sentence “This acted as a trigger point for CPM, to launch an offensive” in paragraph 16.11 shall stand deleted.
(ii) The words “leaking his mail dated 25.10.2016 to the Press and” appearing in paragraph 16.25 shall stand deleted.
(iii) The sentence “A person who tries to set his own house on fire for not getting what he perceives as legitimately due to him, does not deserve to continue as part of any decision making body (not just the Board of a Company).” appearing in paragraph 16.25 shall stand deleted.
(iv) The sentence “But CPM himself invited trouble, by declaring an all out war, which led to his removal from Directorship” in paragraph 16.31 shall stand deleted.
(v) The sentence “Thus the relief of reinstatement granted by the Tribunal, was too big a pill even for the complainant companies (and perhaps CPM) to swallow.” in paragraph 17.22 shall stand deleted.
(vi) The words “he set his own house on fire in” appearing in paragraph 19.48 shall stand deleted and the relevant sentence shall read as follows “CPM continued as Executive Chairman till 2016”.
5. The Miscellaneous Application is disposed of on the above terms.
Miscellaneous Application No. 849/2021 in C.A. Nos. 440-441/2020
Tata Consultancy Services Limited ___________________ Petitioner
v.
Cyrus Investments Pvt. Ltd ________________________ Respondent
(FOR ADMISSION and IA No. 57759/2021-EXEMPTION FROM FILING AFFIDAVIT and IA No. 57758/2021-CLARIFICATION/DIRECTION)
Date: 19-05-2022 This application was called on for hearing today.
(Before N.V. Ramana, A.S. Bopanna and V. Ramasubramanian, JJ.)
For Petitioner(s)/Applicant(s) Mr. Somasekhar Sundaresan, Adv.
Ms. Jyoti Mendiratta, AOR
For Respondent(s) Mr. Harish N. Salve, Sr. Adv.
Dr. A.M. Singhvi, Sr. Adv.
Ms. Ruby Singh Ahuja, Adv.
Mr. Dhruv Dewan, Adv.
Mr. Avishkar Singhvi, Adv.
Ms. Tahira Karanjawala, Adv.
Mr. Arjun Sharma, Adv.
Mr. Lakshya Khanna, Adv.
Mr. Ashutosh P. Shukla, Adv.
Mr. Jappanpreet Hora, Adv.
Mr. L. Nidhi Ram Sharma, Adv.
For M/S. Karanjawala & Co., AOR
Mr. Harish N. Salve, Sr. Adv.
Mr. Anuj Berry, Adv.
Mr. Chaitanya Safaya, Adv.
Mr. Ashish Gupta, Adv.
Ms. Anusha Ramesh, Adv.
Mr. Aryan Agrawal, Adv.
Mr. S. S. Shroff, AOR
Mr. C.A. Sundaram, Sr. Adv.
Mr. Shyam Divan, Sr. Adv.
Ms. Rohini Musa, Adv.
Mr. Rohan Jaitley, Adv.
Ms. Samiksha Godiyal, Adv.
Mr. Abhishek Venkataraman, Adv.
Mr. Ravi Tyagi, Adv.
Mr. Jaiyesh Bakhshi, Adv.
Ms. Rini Badoni, Adv.
Mr. Mayank Mishra, Adv.
Ms. Sudiksha Saini, Adv.
Mr. Gunjan Shah, Adv.
Ms. Sanam Tripathi, Adv.
Mr. P. V. Yogeswaran, AOR
Ms. Fereshte D. Sethna, Adv.
Ms. Anuradha Dutt, Adv.
Ms. Suman Yadav, Adv.
Mr. Haaris Fazili, Adv.
Ms. Aboli Mandlik, Adv.
Mr. Kunal Dutt, Adv.
Ms. B. Vijayalakshmi Menon, AOR
Mr. Ashwin Kumar D.S., Adv.
Mr. J.N. Mistry, Adv.
Ms. Namrata Parikh, Adv.
Mr. Saswat Pattnaik, Adv. Mr. Aditya Panda, Adv.
Mr. Sameer Sharma, Adv.
Mr. Hasan Murtaza, AOR
Ms. Aditi Dani, Adv.
Mr. D.L. Chidananda, Adv.
UPON hearing the counsel the Court made the following
ORDER
6. The Miscellaneous Application is disposed of in terms of the signed order.
7. As a sequel to the above, pending interlocutory applications also stand disposed of.
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