Jiostar India Pvt. Ltd. Vs Absolute Legends Sports Pvt. Ltd. (NCLAT Delhi)
The National Company Law Appellate Tribunal (NCLAT), New Delhi, has issued notice in an appeal filed by Jiostar India Pvt. Ltd. challenging an order passed by the National Company Law Tribunal (NCLT). The Appellate Tribunal took note of the appellant’s contention that a material agreement executed on behalf of Jiostar had not been considered by the NCLT while passing the impugned order.
Appellant’s Contentions
Appearing before the NCLAT, counsel for Jiostar India Pvt. Ltd. drew the Tribunal’s attention to an agreement which, according to the appellant, had been duly signed by Mr. Ankush Mahajan on behalf of Jiostar.
It was argued that the existence and execution of this agreement constituted an important aspect of the dispute. However, the appellant contended that the NCLT had failed to consider this agreement while deciding the matter. According to the appellant, such non-consideration resulted in the impugned order being passed without appreciating the factual foundation of the case in its proper perspective.
The appellant therefore sought interference by the Appellate Tribunal, contending that the basis of the impugned order stood vitiated due to the omission to examine the relevant agreement.
NCLAT’s Observations
After hearing the submissions made on behalf of the appellant and perusing the record placed before it, the NCLAT found it appropriate to issue notice to the sole respondent.
At this preliminary stage, the Appellate Tribunal did not express any opinion on the merits of the controversy. Instead, it considered it appropriate to seek the respondent’s response before proceeding further with the matter.
Directions Issued
The NCLAT directed the appellant to take necessary steps for service of notice upon the sole respondent within five days through all available modes, including:
