# In the matter of Medicare Spryness (India) Pvt. Ltd. C.P. (IB)-65(KB)2021

> NCLT judgment dated 2021-07-23. Citation: TCN-2021-NCLT-01658. The Operational Creditor filed an application which was found to be in breach of the pecuniary…

- **Court:** NCLT
- **Order date:** 23 Jul 2021
- **Citation:** TCN-2021-NCLT-01658
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/medicare-spryness-india-pvt-ltd-cp-ib-65kb2021-9f92b68b

## Summary

### Background

The Operational Creditor filed an application which was found to be in breach of the pecuniary jurisdiction of the Adjudicating Authority.

## Facts

The Operational Creditor filed an application. The counsel appearing for the Operational Creditor sought to withdraw the application. The reason for withdrawal was that the application was in breach of the pecuniary jurisdiction of the Adjudicating Authority. The court recorded the submissions and dismissed the application as withdrawn. The Operational Creditor retains the right to pursue other legal remedies.

## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor can be dismissed as withdrawn due to …

**Ratio:** An application that falls outside the pecuniary jurisdiction of an adjudicating authority

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**Reasoning:** The court reasoned that since the application was in breach of the pecuniary

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**Interpretation:** The interpretation is that an adjudicating authority must have the proper

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**Application:** In this case, the application was found to be outside the pecuniary

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## Parties

- **Judges:** Rajasekha…; Harish Chander…
- **Appellants:** TECHNO BYTES…
- **Respondents:** MEDICARE SPRYNESS(…

## Timeline

- **2021-07-23 — Hearing…**: Hearing held on July…
- **N/A — Application Wi…**: The Ld. Counsel appearing for the Operational…

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