NEW DELHI: Days after slapping a legal notice on Cyrus Mistry for alleged breach of confidentiality, Tata Sons on Thursday asked its ousted chairman to return all classified papers and sign an undertaking within 48 hours that he would not disclose such information in future.
In what is its second legal notice in three days, Tata Sons alleged that Mistry had “wrongfully and dishonestly” taken confidential information out of the company premises without consent and demanded their return, without retaining any copies of the same.
Tata Sons also asked him to cease from use or disclosure of such confidential information and sign an undertaking within 48 hours that he “shall preserve the confidentiality of all the confidential information and not use or disclose” to anyone, including affiliates, relatives and family members.
In its earlier notice, Tata Sons had threatened to take legal action against him, terming his action as “reckless failure” in discharging of “fiduciary, legal and contractual duties”. In Thursday’s notice, served through its law firm, Tata Sons said Mistry was privy to confidential and commercially sensitive information and documents in his capacity as executive chairman and director of the company and its operating firms.
“Under applicable low, you are duty-bound to (a) preserve the confidentiality of all such information and data that you are privy to in your capacity as director and (b) not disclose or use such information for any purpose whatsoever,” it said adding any breach of such legal duties would cause irreparable harm and injury to Tata Sons.
“We have credible information that you have wrongfully and dishonestly taken movable property being Confidential Information, out of the possession of the company, from the premises of the company, without taking the appropriate consent of the company,” it added in the notice.
Reacting to Tats Sons’ “notice”, Mistry’s office said it only received “media queries enclosing the legal notice issued by a law firm representing Mr Ratan Tata and Bombay House, seeking our comments”. “The Tata letter, termed a “notice”, is a request not to draw the attention of courts and tribunals to documents and records on the ground that they are “confidential”, it said.
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