# In the matter of A.G.S. Rathna Stores Pvt. Ltd. CP(IB)-28(CHE)-2021

> NCLT judgment dated 2021-07-19. Citation: TCN-2021-NCLT-01684. The case involves an application filed by Jain Stainless under CP(IB)/28(CHE)/2021. The…

- **Court:** NCLT
- **Order date:** 19 Jul 2021
- **Citation:** TCN-2021-NCLT-01684
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ags-rathna-stores-pvt-ltd-cpib-28che-2021-4f8f8e38

## Summary

### Background

The case involves an application filed by Jain Stainless under CP(IB)/28(CHE)/2021. The Adjudicating Authority sought clarification on the application, which was filed for the recovery of Rs.70,13,520. The jurisdiction of the Adjudicating Authority had been raised from Rs.1 Lakh to Rs.1 Crore on 24.03.2020. The application was posted for hearing on 29.04.2021 to determine its maintainability.

## Facts

Jain Stainless filed an application under CP(IB)/28(CHE)/2021 for the recovery of Rs.70,13,520. The pecuniary jurisdiction of the Adjudicating Authority was raised from Rs.1 Lakh to Rs.1 Crore on 24.03.2020. The application was heard on 29.04.2021 to determine its maintainability. The application was dismissed because it fell below the pecuniary jurisdiction of the Adjudicating Authority. A cost of Rs.10,000 was imposed, payable to the Prime Minister Relief Fund within two weeks.

## Issues and analysis

### Issue 1: Whether the application CP(IB)/28(CHE)/2021 is maintainable before the Adjudicating Authority given …

**Ratio:** An application must fall within the pecuniary jurisdiction of the Adjudicating Authority

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**Reasoning:** The Adjudicating Authority determined that the application was filed when the pecuniary

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**Interpretation:** The pecuniary jurisdiction of a court or tribunal defines the monetary value of

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**Application:** Since the application was for Rs.70,13,520, which is below the revised

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## Parties

- **Judges:** R. Sucha…; Anil Ku…
- **Appellants:** Jain Stai…
- **Respondents:** AGS Rathna Stores…

## Timeline

- **2020-03-24 — Jurisdiction…**: The jurisdiction of the Adjudicating Authority…
- **2021-03-29 — Clarification…**: The Adjudicating Authority sought…

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