The National Company Law Appellate Tribunal (NCLAT) has adjourned till Friday the hearing of the Registrar of Companies’ (RoC) plea, seeking modifications in its judgment which had reinstated Cyrus Mistry as the executive chairman of Tata Sons.

A two-member bench of the appellate tribunal, headed by chairman Justice S. J. Mukhopadhaya, directed the ministry of corporate affairs to submit the details of the definition of private and public companies under the Companies Act.

Earlier, the RoC had moved an urgent application seeking to be impleaded as a party in the dispute between Cyrus Mistry and the Tata group and deletion of the words “illegal” and “with the help of the RoC” used by the NCLAT in its 172-page-long the judgment in December 18 2019.

“The action on the part of the company (Tata Sons), its board of directors to hurriedly change the company from public to a private one without following the procedure under law (Section 14), with the help of the RoC just before filing of the appeal, suggests that the nominated members of Tata Trusts acted in a manner prejudicial to the members, including minority members (Shapoorji Pallonji) and others as also prejudicial to the company,” the NCLAT had said.

In its hearing on Thursday, the bench also asked for clarifications on the paid-up capital requirement for the same for change in the certificate of incorporation of a company.

During the proceedings on Thursday, the NCLAT Chairman said that Article 420 (2) of the Companies Act, under which RoC Mumbai has moved before it seeking changes, does not apply to the appellate tribunal.

Article 420 (2) says that 'Tribunal may, at any time within two years from the date of the order, with a view to rectifying any mistake apparent from the record' can amend any order passed if the mistake is brought to its notice by the parties.

The NCLAT also wanted to know about the criteria by which the Government is now defining a private company after changes were made in 2015.

However, the appellate tribunal also told the RoC that it is ready to expunge the portions of its order if the Ministry of Corporate Affairs provides clarifications asked by it regarding conversion of a company.