Employment-related salary disputes must be adjudicated in appropriate civil forums, not under company law proceedings.

IN THE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BENCH

[Through Physical hearing/VC Mode (Hybrid)]

ITEM No.27

C.A.No.89/2025 in

C.P.No.39/BB/2025 IN THE MATTER OF:

M/s. Near Intelligence Pte. Ltd. … Petitioner

Vs.

M/s. Near Intelligence Pvt. Ltd. & Ors. … Respondents

Petition under Section 98 (1) of the Companies Act, 2013

Order delivered on: 24.09.2025

CORAM:

SHRI SUNIL KUMAR AGGARWAL

HON’BLE MEMBER (JUDICIAL)

SHRI RADHAKRISHNA SREEPADA

HON’BLE MEMBER (TECHNICAL)

PRESENT:

For the Petitioner : Ms. Nia Susan Chaly

For the Respondent : Shri Saji P. John

ORDER

1. Heard Ld. Counsels for the parties.

2. C.A.No.89/2025 is dismissed and C.P.No.39/BB/2025 is allowed vide

separate Order. File be consigned to Record Room.

-Sd- -Sd-

RADHAKRISHNA SREEPADA SUNIL KUMAR AGGARWAL MEMBER (TECHNICAL) MEMBER (JUDICIAL)

Shruthi

IN THE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BENCH C.A. No. 89 /BB/2025 in C.P. No. 39/BB/2025 (Under Rule 11 of NCLT Rules 2016)

In the matter of:

Justin Joseph A 208, Vijetha Lapis Lazuli Apartment 1st Main Road, Brookfield, Kundalahalli, Bengaluru, Kamataka - 560037 … Applicant Vs Near Intelligence Pvt. Ltd.

#1, Kathalipalya Main Road, Koramangala, 6th Block, Bengaluru - 560095 … Respondent No.1 Near Intelligence Pte. Limited Represented by Nitin Agarwal, Having its registered office at

1, Philip Street, #05-01 Royal One Philip, Singapore - 048692 … Respondent No. 2 IN THE MATTER OF:

M/s. Near Intelligence Pte. Ltd. … Petitioner Vs.

M/s. Near Intelligence Pvt. Ltd. & Ors. … Respondents Last date of Hearing: 11.09.2025 Order Delivered on: 24.09.2025 Coram: 1. Shri Sunil Kumar Aggarwal, Hon’ble Member (Judicial)

2. Shri Radhakrishna Sreepada, Hon’ble Member (Technical)

O R D E R

1. This application has been filed under Rule 11 of the NCLT Rules, 2016, for following reliefs:

(a) to direct the Respondent company No 1 to immediately release all pending salary dues as listed out in the computation table at Para 11 above.

(b) Pass such other order as this Trıbunal may deem fit in the interest of justice and equity

2. The relevant assertions culled out of the application are as follows:

i. The Applicant, Justin Joseph, submitted that he had been a Director and long-serving employee of Respondent No. 1, Near Intelligence Pvt. Ltd., and played a foundational and ongoing role in the company’s formation and operations. Near India Pvt. Ltd., the predecessor entity, had been incorporated in 2009 by him and another director. Near Intelligence Pvt. Ltd./respondent No.1 was incorporated in 2021 to take over its business and personnel. The respondent no.1 became a step-down subsidiary of Near Inc., USA, following a series of international re-organisations and corporate events, including a public offering and eventual financial takeover in the United States.

ii. The Applicant claimed that he continued to be a part of the senior leadership as the Chief People Officer, with his employment treated as continuous from October 2009 under both the original and successor companies. He outlined his increasing responsibilities, including hiring key staff and leading major operational initiatives, and emphasized his integral presence in the management and administration of the group’s affairs.

iii. It was submitted that, pursuant to an employment contract, the Applicant’s salary and variable compensation were periodically revised upwards, reflecting his key executive position. However, despite acknowledgement by company officers of his status and entitlement, from September 2023 he was abruptly denied access to all official emails, company resources, and physical office premises without notice or any specific allegations of misconduct being communicated to him.

iv. The Applicant stated that, to his knowledge, he was placed on so-called “administrative leave” together with other senior executives, although there had never been any complaint or charge specifically levelled against him. He asserted that despite attempts to clarify his status and to discharge his responsibilities as Direc