# In the matter of Aamby Valley Limited

> NCLT judgment dated 2021-12-15. Citation: TCN-2021-NCLT-00157. The case involves Pravin Electricals Pvt Ltd (Operational Creditor) versus Aamby Valley Limited…

- **Court:** NCLT
- **Order date:** 15 Dec 2021
- **Citation:** TCN-2021-NCLT-00157
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/aamby-valley-limited-57b98815

## Summary

### Background

The case involves Pravin Electricals Pvt Ltd (Operational Creditor) versus Aamby Valley Limited (Corporate Debtor) under Section 9 of the Insolvency & Bankruptcy Code, 2016. The court observed that only one set of hard copies of the petition was on record and directed the petitioner to provide a second set before the next hearing.

## Facts

Pravin Electricals Pvt Ltd initiated a case against Aamby Valley Limited under Section 9 of the Insolvency & Bankruptcy Code, 2016. During the proceedings, the advocate for Aamby Valley Limited referred to a Supreme Court order dated 07.12.2018, which stated that no court in the country should entertain petitions pertaining to Aamby Valley City. The court noted that only one set of hard copies of the petition was on record and directed Pravin Electricals to provide a second set. The relevance of the Supreme Court order is that it directly impacts the jurisdiction of the NCLT to hear the petition against Aamby Valley Limited.

## Issues and analysis

### Issue 1: Whether the NCLT has the jurisdiction to entertain the petition against Aamby Valley Limited, given …

**Ratio:** A court's jurisdiction can be limited or ousted by a superior court's order, especially

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**Reasoning:** The court reasoned that the Supreme Court's order directly restricts the jurisdiction of

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**Interpretation:** The Supreme Court's order is interpreted as a clear directive that no other

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**Application:** Given the Supreme Court's order, the NCLT's jurisdiction to hear the petition

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## Parties

- **Judges:** P.N. Des…; Sh. Kapal Kumar…
- **Appellants:** Pravin Electricals…
- **Respondents:** Aamby Valley…

## Timeline

- **2018-12-07 — Supreme Cour…**: The Hon'ble Supreme Court issued an order stating that no court in the country shall…
- **2021-12-15 — NCLT Ord…**: The NCLT, Mumbai Bench, adjourned the petition sine die, with liberty to mention the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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