NCLAT | NCLT not required to suo motu go through all issues pleaded but not addressed in application under Companies Act

National Company Law Appellate Tribunal (NCLAT): A Bench comprising of Justice S.J. Mukhopadhaya, Chairperson and Justice Bansi Lal Bhat, Member (Judicial) dismissed an appeal filed against the order of National Company Law Tribunal, Bengaluru disposing of an application filed by the appellant.

The appellant had filed an application under Sections 393, 398, 402 and 406 of Companies Act, 1956 alleging oppression and mismanagement against the respondent company. The application was disposed by NCLT by the impugned order.

Kumar Sudeep and Prasanna S., Advocate appearing for the appellant submitted that he had raised more than 10 issues but only one issue relating to valuation was addressed by NCLT and rest were neither discussed nor decided.

The Appellate Tribunal noted that on a bare perusal of the impugned order it appeared that the appellant raised only one issue before NCLT which was decided. It was observed, “There may be many issues pleaded before the Tribunal but the Tribunal is not required to suo-motu go through all the issues if during the hearing the parties do not address rest of the issues.” The Appellate Tribunal was of the view that the appellant may bring the matter to the notice of NCLT by filing a review petition along with certificate of the arguing counsel that he had argued on the other issues. [B. Govinda Ramesh v. Vinyasa Engg. (P) Ltd., 2019 SCC OnLine NCLAT 4, dated 03-01-2019]

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