# In the matter of Krishna Energy Private Limited & 2 Others MA-720-2019 in TCP-373-IB-CB-2017

> NCLT judgment dated 2019-08-19. Citation: TCN-2019-NCLT-01933. MA/720/2019 was filed for the revival of Company Petition TCP/373/IB/2017, which was previously…

- **Court:** NCLT
- **Order date:** 19 Aug 2019
- **Citation:** TCN-2019-NCLT-01933
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/krishna-energy-private-limited-2-others-ma-720-2019-in-tcp-373-ib-cb-2017-5b051a70

## Summary

### Background

MA/720/2019 was filed for the revival of Company Petition TCP/373/IB/2017, which was previously dismissed on 21.08.2017 as withdrawn with liberty to revive. The Tribunal is considering whether it has the jurisdiction to revive the dismissed petition.

## Facts

M/s. Rocket Electric (India) filed an application (MA/720/2019) seeking the revival of Company Petition TCP/373/IB/2017. The original petition TCP/373/IB/2017 had been dismissed on 21.08.2017 as withdrawn, but with liberty to revive it. The Tribunal is now considering whether it has the jurisdiction to revive the dismissed petition. The order of dismissal on withdrawal of the company petition on 21.08.2017 with liberty was passed by default. The Tribunal notes that there is no provision under the Adjudicating Authority Rules (IBC) for the revival of a company petition that has been dismissed. The Tribunal also notes that it cannot assume jurisdiction to revive the petition. The petitioner is not barred from initiating fresh proceeding basing on fresh cause of action

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## Issues and analysis

### Issue 1: Whether the Tribunal has the jurisdiction to revive a company petition that was previously …

**Ratio:** A Tribunal cannot exercise jurisdiction that is not conferred upon it by law. In the

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**Reasoning:** The Tribunal reasoned that it cannot assume jurisdiction to revive the company petition

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**Interpretation:** The interpretation of the Adjudicating Authority Rules (IBC) is strict,

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**Application:** The ratio and reasoning apply directly to the facts of the case. Because there

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## Parties

- **Judges:** B.S.V. Prakash…; Anil Ku…
- **Appellants:** M/s. Rocket…
- **Respondents:** M/s. Krishna…

## Timeline

- **2017-08-21 — Dismissal of TCP/373/IB/…**: Company Petition TCP/373/IB/2017 was…
- **2019-08-09 — Hearing in Op…**: The matter was heard and…

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