When the facts are against you, argue the law

Why the argument moved to the law

It moved to Article 121, where a case can at least be made. That is what advocacy does. But when a decision is defended only on the law, the facts have usually been given up. Even though the ground is thin. Article 121 needs the affirmative vote of a majority of the Trusts’ nominee directors. There are two. Both must agree. One voted against. When the clause was attacked in the Mistry case as oppressive, the Supreme Court refused to interfere, holding that the Articles are the company’s constitution. And if the executive chairman is a whole-time director, the appointment must return to the shareholders, where the Trusts hold 66%.