MUMBAI: Cyrus Mistry plans to file a caveat petition in the Supreme Court so that he gets a chance to be heard in case the apex forum passes an order. However, Mistry will have to wait till January 2 to file the application as the Supreme Court will be closed for Christmas and New Year vacation from Thursday.
A caveat is filed so that the caveator is given a notice in advance before any order is passed by the court. An appeal is likely to be filed before the SC and Tata Sons could ask the court to stay the NCLAT order. With the caveat, both sides will have to be heard before any order is passed.
A spokesperson for Mistry confirmed his planned legal action in the SC.
According to Sumit Agrawal, founder Regstreet Law Advisors and former Sebi officer, section 148 (A) of Indian Civil Procedure Code, 1908 and rule 2 of Order XV of Supreme Court Rules 2013 deal with caveat.
Under Supreme Court Rules, a caveator is entitled to receive from the Supreme Court Registrar notice of the lodging of the petition if, at the time of the lodging of the caveat, such a petition has not yet been lodged, and if and when the petition has been lodged, to require the petitioner to serve him with copy of the petition and to furnish him, at his own expense, with copies of any papers lodged by the petitioner in support of his petition.