The Cyrus Mistry camp has claimed that it has secured a “technical” win with National Company Law Appellate Tribunal (NCLAT) saying that the National Company Law Tribunal (NCLT) can pass an order on two key aspects brought by the ousted Chairman of Tata Sons.

Mistry had approached the appellate tribunal seeking a stay on Tata Sons meeting to oust him as a director.

Though the NCLAT has dismissed Mistry’s petition, it has given a small breather.

The appellate tribunal has stated that the National Company Law Tribunal (NCLT) can pass an “appropriate order” in the maintainability and waiver petition filed by Mistry camp in the tribunal.

Mistry camp had sought a waiver of Section 244 of the Companies Act, under which only those who own a more than 10 per cent stake can appeal at NCLT. The NCLT did not give a ruling on this aspect.

Now, the NCLAT has said that the tribunal also has the authority to restore Mistry’s position on the board of Tata Sons, in case the issue of maintainability and waiver is settled in Mistry’s favour.

The appellate tribunal was also of the opinion that the ‘maintainability’ issue has to be decided first and if it is answered in negative, against the appellants, the question of waiver should be decided.

Sources close to Mistry camp said that they had approached the NCLT precisely with the plea to settle these two issues.

The next hearing at NCLT is on February 13.

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