Nusli Wadia, who has been removed as an independent director from Tata Steel and Tata Motors, has filed a criminal defamation case against Ratan Tata, Tata Sons and its board of directors. Mr Wadia has earlier filed a defamation suit claiming Rs..3,000 crore from Mr Tata and Tata Sons.
“By making false and baseless innuendos and allegations against the Complainant, the Accused have caused distress, hurt and humiliation, as well as pecuniary loss, social disadvantages, injury to feelings, mental pain and suffering to the Complainant,” states the latest petition.
Apart from the directors of Tata Sons, Mr Wadia has named F.N. Subedar, chief operating officer and company secretary of Tata Sons, as one of the accused entities. “The Special Notices have been sent on the letter head of TATA Sons and have been signed by F.N.Subedar,” states the petition.
Mr Wadia, who is the chairman of Wadia Group of companies, is referring to the special notice calling for extraordinary general meetings (EGMs) in the case of Tata Steel, Tata Chemicals and Tata Motors for his removal as an independent director.
“All the accused individually and collectively have committed the offence of defamation the Complainant by printing, publishing and circulating per se false, frivolous, baseless, incorrect, libellous and defamatory material concerning the Complainant which has been so printed and published with the sole intention of lowering, tainting, tarnishing the reputation and self-esteem of the Complainant in the eyes of right thinking persons,” says the petition.
Interestingly, Mr Wadia has listed well-known names as his witness, including A M Naik, group executive chairman, L&T; Subhodh Bhargava, chairman, Tata Communications and independent director, Tata Motors & Tata Steel; Vinesh Jairath, non-executive independent director, Tata Motors and Tanya Godrej Dubash, executive director and chief brand officer, Godrej Group among others.
In his petition, Mr Wadia has stated that while Tata Sons is the principal offender, who has committed defamation along with Mr Subedar, the board members of Tata Sons (excluding Cyrus Mistry and Farida Khambatta) have abetted by actively participating in the offence.
The complaint has been filed under Section 500 of Indian Penal Code (defamation), and Section 500 read with Section 109 of IPC (abetment), and/or Section 500 read with Section 34 of the IPC (criminal act with common intention) that are punishable with simple imprisonment for a term extending up to two years or with fine or both.
