# In the matter of Skillstech Services Private Limited Vs. Registrar, National Company Law Tribunal, New Delhi & anr. W.P.(C) 474/2021 & CM APPL. 1227/2021

> HC judgment dated 2021-01-13. Citation: TCN-2021-HC-00038. The Petitioner, Skillstech Services Private Limited, filed a petition seeking the listing of its…

- **Court:** HC
- **Order date:** 13 Jan 2021
- **Citation:** TCN-2021-HC-00038
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/skillstech-services-private-limited-vs-registrar-national-company-law-tribunal-n-008d6fe7

## Summary

### Background

The Petitioner, Skillstech Services Private Limited, filed a petition seeking the listing of its petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, before the appropriate bench of the National Company Law Tribunal (NCLT). The Registrar of the NCLT had failed to list the Petitioner's matter, citing an amendment to the pecuniary jurisdiction of the NCLT, which increased from Rs. 1 lakh to Rs. 1 crore, effective from November 24, 2020.

## Facts

Skillstech Services Private Limited filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to have its petition listed before the appropriate bench of the NCLT. The NCLT Registrar did not list the matter, citing a notification dated November 24, 2020, which increased the pecuniary jurisdiction of the NCLT from Rs. 1 lakh to Rs. 1 crore. The Petitioner argued that the Registrar cannot decide on the pecuniary jurisdiction; it must be determined by a bench of the NCLT. The NCLT, Kochi, in M/s Tharakan Web Innovations Pvt. Ltd. v. Cyriac Njavally, held that the notification might not apply retrospectively if disputes arose before the pandemic. The Kerala High Court stayed the judgment of the NCLT, Kochi Bench. The key fact is the dispute over

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## Issues and analysis

### Issue 1: Whether the Registrar of the NCLT can determine the pecuniary jurisdiction of the NCLT, or whether …

**Ratio:** The determination of whether the NCLT has jurisdiction to entertain a particular case

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**Reasoning:** The court reasoned that the question of jurisdiction is a legal question that requires

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**Interpretation:** The interpretation is that the Registrar's role is administrative, and

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**Application:** In this case, the Registrar's decision not to list the petition based on the

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## Parties

- **Judges:** PRATHIBA M.…
- **Appellants:** SKILLSTECH…
- **Respondents:** REGISTRAR,…
- **Advocates:** Swaroop G…; Harish Vaidyanatha…; +5 more

## Timeline

- **2020-11-24 — Notificatio…**: Notification amending the pecuniary jurisdiction of the NCLT from Rs. 1 lakh to Rs. 1…
- **2021-01-13 — Court Dec…**: The High Court directs the NCLT Registrar to place the petition before an appropriate…

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