# In the matter of Gajra Bevel Gears Ltd. IA 118 & 119-2020 and TP 179-2019  {CP (IB) No. 532-2019}

> NCLT judgment dated 2020-09-10. Citation: TCN-2020-NCLT-00660. The case involves IA 118 of 2020 and IA 119 of 2020 filed in the Indore Bench at Ahmedabad of…

- **Court:** NCLT
- **Order date:** 10 Sept 2020
- **Citation:** TCN-2020-NCLT-00660
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/gajra-bevel-gears-ltd-ia-118-119-2020-and-tp-179-2019-cp-ib-no-532-2019-efc054ad

## Summary

### Background

The case involves IA 118 of 2020 and IA 119 of 2020 filed in the Indore Bench at Ahmedabad of the National Company Law Tribunal. IA 118 was filed by the Resolution Professional (RP) seeking direction to the Employees Provident Fund Organization to hand over possession of the Corporate Debtor's premises. IA 119 of 2020 was filed under Section 19 of IBC, 2016, seeking direction to the Suspended Management of the Corporate Debtor to hand over documents.

## Facts

Abhimanyu Agro Pvt Ltd (Financial Creditor) filed a case against Gajra Bevel Gears Ltd. The Resolution Professional (RP) filed IA 118 of 2020 seeking direction to the Employees Provident Fund Organization to hand over possession of the premises of the Corporate Debtor. The RP also filed IA 119 of 2020 under Section 19 of IBC, 2016, seeking direction to the Suspended Management of the Corporate Debtor to hand over documents, including land documents, agreement details, debtor details, employee details, BIFR case details, investment details, bank statements, tax case details, PF department orders, mortgage details, related party details, BSE/SEBI filing details, and loan details. The court found the prayer in IA 118 to be not maintainable within its jurisdiction.

## Issues and analysis

### Issue 1: Whether IA 118 of 2020, seeking direction to the Employees Provident Fund Organization to hand over …

**Ratio:** The court's jurisdiction is limited, and it cannot grant prayers that fall outside its

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**Reasoning:** The court stated that the prayer in IA 118 of 2020, seeking direction to the Employees

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**Interpretation:** The court interpreted its jurisdictional limitations, indicating that it cannot

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**Application:** The ratio was applied to the specific fact that the court lacked the

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## Parties

- **Judges:** Madan B.…; Virendra Kumar…
- **Appellants:** Abhimanyu Agro…
- **Respondents:** Gajra Bevel Gears…
- **Advocates:** Rishabh…

## Timeline

- **2020-09-10 — Order Da…**: Order was passed on this date…
- **2020-11-05 — Next Hearin…**: Main matter to appear for…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 19 — Personnel to extend co-operation to interim…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-19)

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